18 Ala. 489 | Ala. | 1850
1. It is contended that Mrs. Nancy Jones was incompetent to testify on the part of the complainant, because she was interested in sustaining his title to the slaves in controversy. If we were to admit, for the sake of argument, that her purchase from the executors and her subsequent agreement that they should retain out of the legacy, bequeathed to her by the will of Arthur Jones, her husband, an amount equal to the purchase money agreed to be given for the slaves, does make it to her interest that the title of the complainant shall pre
2. Nor is there any thing in the objection, that by the conveyance of the witness to the complainant, she warranted the title to the slaves, for this conveyance was purely-voluntary, and no recovery could be had for a breach of the warranty, inasmuch as the complainant paid nothing and has not suffered any injury or loss in consequence of it. Independent, however, of this, the witness was released from- the warranty before she was examined upon the .last commission.-
3. Mrs. Jones was a competent witness-, and her testimony fully shows that previous to her intermarriage with Arthur Jones, she informed him of her intention to convey the slaves to her son,
The decree of the chancellor is reversed, and this court proceeding to render such decree as should have been rendered in the court below, it is ordered, adjudged, and decreed, that the right and title of the complainant to the slaves in controversy, after the death of his mother, Mrs. Nancy Jones, be established, and that he be entitled to have and hold them in his own right, free from the rights and claims of all others; and further, that he recover of the executors of Arthur Jones, deceased, all the cost of this suit in the court below, but that the plaintiffs in error recover of him the cost of this court.