Thomason v. Dill
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before tbe Hon. Robeut Boughehty. This action was brought by John F. Dill against Francis M. Thomason, and was founded on the defendant’s promissory note, under seal, for $800, the purchase-money of a slave. The defendant pleaded the general issue, in short by consent, with leave to give any special matter in evidence which might be a defense to the action; and plaintiff replied in like manner.
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Appeal from the Circuit Court of Talladega. Tried before tbe Hon. Robeut Boughehty. This action was brought by John F. Dill against Francis M. Thomason, and was founded on the defendant’s promissory note, under seal, for $800, the purchase-money of a slave. The defendant pleaded the general issue, in short by consent, with leave to give any special matter in evidence which might be a defense to the action; and plaintiff replied in like manner. The facts disclosed on the trial are thus stated in the bill of exceptions: “After plaintiff had offered the note declared on, and rested, the…
1Opinion of the CourtStone, J.
There was no error in allowing the question on cross examination, which was objected to by the appellant. The relations which the witness sustains to the parties, are always admissible, as shedding some light on the credibility of the witness. — 1 Greenl. onEv. § 446.
The stipulations and agreements entered into, and reduced to writing, on the 26th April, 1853, amounted to an executed contract, passing the title of the slave to Thomason, and securing the payment of the purchase-money to Hill. — McCutchen v. McCutchen, 9 Porter, 656-7; Newman v. James, 12 Ala. 32.
The offer, or agreement by…
2Cases cited22 opinions
- Pierson v. HookerNew York Supreme Court · 1808
- Sweet v. JacocksNew York Court of Chancery · 1837
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Hunt v. TestSupreme Court of Alabama · 1845
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3Cited by22 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- McGuff v. StateSupreme Court of Alabama · 1946
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
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