Ruff v. Thomas

Citations

• 29 S.C.L. 601

Syllabus

<p>1. R. S. died in 1819, and at the sale of his property by his executors, several slaves were bid off by one J. T. the defendant, one of which was the woman, with her increase, now in dispute. J. T. said he had bid them off for one J. M. as his agent. J. M. sent his note to the executor, with his father’s name as security, which was not regarded by the executor as sufficient. Afterwards, a letter, purporting to have been written by one D. T. was sent to the executor, ip. which it was stated he would become J. M’s, security, whereupon the negroes were sent to J. M. who was the putative father.of plaintiff’s wife. In a few days after the delivery to J. M. he sent the woman now claimed to N. S. the widow of R. S. and grand-mother of plaintiff’s wife, whose mother, a daughter of N. S. resided with her, The mother said she received the slave sent as a gift from J. M, to his then infant daughter, and held her as such six or seven years. It was in evidence that plaintiff’s wife was born in 1814, The negroes in dispute were seized by the sheriff in 1826, and afterwards sold under legal proceedings against one J. S. a son of R. S. deceased, and purchased by defendant. After the purchase of J, M- the note of J. S, had been taken by the executors for the exact amount of his purchase, and his note delivered up. I. S. removed all the negroes purchased except the woman claimed, and her mother — these he left with his mother, N. S, Plaintiff’s wife claimed under an alleged parol gift from her father, J. M. and by possession under the Statute of Limitations. The mother of plaintiff’s wife was married in 1827, to one J. L. the property'remaining with N. S. till after her marriage. L, after his marriage refused to take the woman claimed, or to permit his wife to do so, who was asked by plaintiff’s counsel to give the reasons why her husband so refused. Held, that the declarations of the husband, as to the reasons of his refusal, were incompetent, as hearsay evidence, and as not for