Opinion
06-21-1811
Stratton v. Minnis
Wickham, for the appellant. Call, for the appellee.
In an action of detinue, (plea non detinet and issue,) the plaintiff, on the trial, claimed the slave Tom, the subject of controversy, under a bill of sale from William P. Skillern, part of the consideration expressed in which was a debt stated to be due to Minnis, the plaintiff, from the said Skillern's wife, previous to her intermarriage. The defendant, who had purchased him at a sheriff's sale under an execution against the said Skillern, alleged the said bill of sale was fraudulent as to creditors and purchasers, and, among other evidence, introduced a witness to prove that the plaintiff had, since the said Skillern's marriage, and not long before the date of the said bill of sale, told the witness, in a conversation upon the subject, that Mrs. Skillern, at the time of her intermarriage with the said William P. Skillern, lived with him, the plaintiff; and that she was clear of debt, and owed him nothing, and that he had taken a bill of sale of all the property of the said Skillern to protect it from his creditors, and asked the witness if he was not right in so doing. The defendant also wished to prove that the said Skillern, but a little time before the date of the said bill of sale, had paid large sums of money to the plaintiff; but the district court considered all this testimony inadmissible, and refused to let it go to the jury; whereupon a bill of exceptions was filed.
Verdict and judgment for the plaintiff; from which the defendant appealed.
The court reversed the judgment, and awarded a new trial.
Wickham, for the appellant.
Call, for the appellee.
OPINION
Monday, June 24th. The court reversed the judgment, and awarded a new trial, with a direction that the evidence be permitted to go to the jury.