Hall v. Tompkins and Rutherford
[592] This is an action of replevin for the recovery of a slave by Hall, against Tomkins and Rutherford. A judgement was rendered against W. G. Pierce and B.J. Rutherford, in the circuit court of Sumner county. In the circuit court of Bedford a judgement was rendered in favor of the surety, Rutherford against F.B. & W.G. Pierce. Execution was issued and levied on a slave, and the defendants in this case claim as purchasers at execution sale. On the trial they offered as evidence, a transcript of the record of judgement rendered in Bedford. This was objected to. The objection was overruled, the transcript admitted by the presiding judge (S. Anderson), and a verdict and judgement rendered for the defendants.
The plaintiff appealed.
On the trial of this case in the circuit court the defendants offered in evidence a copy of the record of a judgement of the court of Bedford, in favor of Benjamin J. Rutherford, against Franklin B. Pierce and Washington G. Pierce, under which they claim the negro [593] slave Dick, the subject-matter of this controversy, as purchased at execution sale.....
And it further appearing that said recovery was had on a certain obligation dated the 28th day of June 1839, executed by said Franklin B. Pierce, Washington G. Pierce, Isaac Pierce, and Benj. S. Rutherford, payable to Oran Wallace on the 25th day of December 1839, for the sum of $1,200..... [remainder omitted].
