McCurry v. Hooper
Supreme Court of Alabama
Error to the Circuit Court of Talladega. This was an action of detinue, brought by the plaintiff, to recover of defendant, certain slaves. On the trial, the plaintiff read in evidence a bill of sale, executed to him for the slaves, by George L. Patrick, bearing date the 9th January,, 1845. At the date of the instrument, the slaves were in possession of Patrick, and belonged to him.
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Error to the Circuit Court of Talladega. This was an action of detinue, brought by the plaintiff, to recover of defendant, certain slaves. On the trial, the plaintiff read in evidence a bill of sale, executed to him for the slaves, by George L. Patrick, bearing date the 9th January,, 1845. At the date of the instrument, the slaves were in possession of Patrick, and belonged to him. The consideration expressed in the bill of sale, is $1,200. The defence was, that at the date of the execution of the instrument, Patrick was non compos mentis; and to show this, the defendant offered in evidence…
1Opinion of the CourtDargan, J.
The first question we propose to examine, is, was the record of the orphans’ court of St. Clair, purporting to be an inquisition of lunacy, to ascertain if George L. Patrick was sane, or non compos mentis, evidence for any purpose ?
These proceedings purport to be had on the application of the friends of Patrick. The writ was issued, and the jury certified that he was incapable to transact business ; that he was liable to be imposed upon by designing persons; and that he was non compos mentis. This verdict was returned with the writ, and thereupon, a guardian was appointed, the defendant in…
2Cases cited3 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Kennedy v. StrongNew York Supreme Court · 1817
3Cited by48 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Blue v. StateSupreme Court of Alabama · 1944
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Watson v. AdamsSupreme Court of Alabama · 1914
- Eslava v. LepretreSupreme Court of Alabama · 1852
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