Napier v. Barry

Decided January 15, 1854

Supreme Court of Alabama · decided 1854-01-15

Tried before the Hon. John E. Moore. Trover for the conversion of a slave, by William T. Barry ■against John S. Napier and John Weatherford. On the trial, the plaintiff offered in. evidence the deposition of a witness, who testified, that he, as agent of plaintiff, brought the slave from Mississippi to Lawrence County, Alabama; and his testimony tended to prove, also, that the slave was sold under attachment against himself, sued out by the defendants.

Relies on Bush v. McGee

Decided 1854-01-15

GOLDTHWAITE, J.

¶1There is no error in the record.— The witness was competent, in the present case, to prove his own agency (Green. Ev. § 416); and conceding that the deposition established the fact, that the slave was sold under attachment against the witness, there is no evidence to show that he consented to the levy or sale, and the case is thus brought directly within the principle of Bush v. McGee, 4 Ala. 710. Having no interest which would disqualify him, no release was necessary.

¶2The judgment is affirmed.