Derrick v. Kennedy

Decided June 15, 1836

Supreme Court of Alabama · decided 1836-06-15

William M. Kennedy declared in trespass against John Derrick and others, for forcibly taking from the possession of the plaintiff certain slaves: and under the plea of not guilty, as verdict was entered for the plaintiff. A bill of exceptions under which, the cause was removed to this Court, disclosed many facts — many of them not material to a history of it as decided, or essential to a proper understanding of its features.

Cited by 2 later decisions — most recently December 1903

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1836-06-15

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HITCHCOCK, C. J.

¶1— This case comes before the Court upon a bill of exceptions, to the charge of the Court given to the jury.

¶2We think the instructions were erroneous. When a minor makes two sales of the same piece of property, during his minority — if he ratify the younger sale first, after his attaining full age, it will defeat a subsequent ratification of the former sale. This position is too clear to require illustration.

¶3In this case, there was competent and contradictory testimony as to the túne when Albert Kennedy became of age : if, as the jury might have found, he became of age on the first of October, 1829, then his sale to Derrick, (if the jury should have believed it *44bona fde,) they must have found for him: but, under the instruction of the Court, they were compell-to find for the plaintiff below.

¶4Let the judgment fie reversed, and the cause remanded.