Nelson v. Iverson
Supreme Court of Alabama
Eaitoit to the Circuit Court of Macon. Tried before the Hon. E. Pickens. This was an action of detinue, brought by Nelson against Iverson, to recover two slaves, which the plaintiff claimed under a parol gift from his maternal únele, Garland Dawkins.
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Eaitoit to the Circuit Court of Macon. Tried before the Hon. E. Pickens. This was an action of detinue, brought by Nelson against Iverson, to recover two slaves, which the plaintiff claimed under a parol gift from his maternal únele, Garland Dawkins. The plaintiff proved by his mother, Mrs. Nelson, that the mother of the negroes in suit was given to him, in 1823, by said Dawkins, and delivered to his mother, for him, he being then an infant; that she kept said negro until 1830, when Dawkins obtained the possession from her, to prevent said negro from being levied on, as the property of her…
1Opinion of the CourtChilton, J.
When this case was in this court at a previous term, (17 Ala. 222,) most of the points now presented by the bill of exceptions were decided. That decision will show that the Circuit Court did not err in admitting the declaration of Garland Dawkins, made while he was in possession of the mother of the slaves sued for.
Wo are unable to perceive any error in admitting the testimony of Mrs. Dawkins to prove that her late husband was in the habit of exercising control over the slave. We understand the witness to moan by the term “habit,” that her husband exercised repeated acts of control — that he…
2Cases cited1 opinion
- Nelson v. IversonSupreme Court of Alabama · 1850
3Cited by4 opinions
- Upson v. RaifordSupreme Court of Alabama · 1856
- Morris v. HallSupreme Court of Alabama · 1868
- Turnley v. HannaSupreme Court of Alabama · 1886
- Doane v. GlennSupreme Court of Colorado · 1872