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Spiers v. Willison U.S. 398 (1808)

handle is hein.slavery/ussccases0024 and id is 1 raw text is: SUPREME COURT U. S. You' The mere saving in an act of congress which expresh- BAK or ly renders all judgments of. he cicuit court, for a larger ALZXAN- sum than one hundred dollars, re-examinable by writ of error in this court, cannot be considered as exempt- y ing judgments rebdered in favour of the bhnk, from the operation of this general enacting clause respecting writs of, error. 'If the act of March, 1801, be consi- dered as giving the batik a right to proceed in the cir- cuit court for Alexandria, in the same manner as by the act of incorporation, it might proceed in Virginia, yet- that act does not affect the writ of error as given in the act of the 27th of February. The motion is, therefore, overruled. SPIERS v. WILLISON. SpiRSa V. W LLISO'. By the act of ERROR to the district court for the district of Ken- assembly of tucky, in an action of detinue for certain slaves. Virginia of 1758, no gift of a slave The plaintiff below, Rebecca Willison, claimed title to was valid, un- the slaves under her grandmother, and at th trial offer- less in writing ed jarol proof that the grandmother, while Kefitucky and recordd ; was a part of Virginia, had given them to her by a deed, but parol evi- dence may be which was lost. To this testimony the defendant below given of the (the plaintiff in'error) objected, and prayed the court to existence of a instruct the jury that the said deposition was not legal show the a- evidence in this cause ; and that atthe time this gift ivas tore of pos- supposed to be made, no gift of a slave in Virginia was session which valid unless made in writing, which writing was after- accompanied wards reduced to record; which motion was ovdrruled bv the court, ahd the defendant excepted. 'P. B. Key, for the plaintiff in error, cbntedded, that as there could be no valid gift of a slave but by deed in writing and recorded, no paro evidence could be given of the existence of such a deed and of its contents, un- less it wvere first proved not only that the deed itself was

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