Johnson v. Marshall
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Vm. S. Mudd. Detihue by Matthew A. Marshall, against Abram Johnson and Thomas A. J. Cliatt, for four slaves, to-wit, Amos and Sylva, with their two children. The defendants executed the statutory bond, and retained the possession of the slaves. The cause was tried on issue joined, 'but no pleas appear in the record.
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Vm. S. Mudd. Detihue by Matthew A. Marshall, against Abram Johnson and Thomas A. J. Cliatt, for four slaves, to-wit, Amos and Sylva, with their two children. The defendants executed the statutory bond, and retained the possession of the slaves. The cause was tried on issue joined, 'but no pleas appear in the record. The facts disclosed on the trial, and the rulings of the court to which exceptions were reserved, are thus stated in the defendants’ bill of exceptions: “ The plaintiff introduced a witness who testified, that he knew…
1Opinion of the CourtStone, J.
This action of detinue for slaves was brought in the year 1850, by the appellee, against Abraham Johnson and T. A. J. Oliatt. The title of plaintiff consisted of a conveyance to him by one James Thompson, dated May 24th, 1847. After thp plaintiff had made a prima-facie case, “the defendants offered in evidence the record of a suit in the chancery court of Sumter county, in which the said James Thompson was complainant, and John B. and ¥m. H. Thompson were defendants, for the purpose of showing that the said James Thompson, after he made the said bill of sale to the plaintiff, sold the slaves…
2Cases cited14 opinions
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Ewing v. BlountSupreme Court of Alabama · 1852
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
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3Cited by5 opinions
- Wortham v. GurleySupreme Court of Alabama · 1883
- Cotney v. StateSupreme Court of Alabama · 1945
- Freer v. CowlesSupreme Court of Alabama · 1870
- Hicks v. LawsonSupreme Court of Alabama · 1863
- Baldwin v. Troy Finance CorporationSupreme Court of Alabama · 1944