Page:Pennington's Executors v. Yell.pdf/10

Rh before her intermarriage with said John J. Smith. Witness had seen the deed of gift of the slaves to her, made before her said marriage, which was properly authenticated. Said negroes were the same named in an appraisement list, exhibited and marked A. They were all the negroes said Elizabeth G. had in her possession from the time he knew her until she left Arkansas county.

Witness knew John W. Pullen, and always looked upon him as a poor man. Pennington, plaintiffs' testator, lived near the line dividing the counties of Jefferson and Pulaski, and was frequently in Pine Bluffs, and could have seen defendant, Yell, at any time.

Mary Jane Dardenne deposed that she had known said Elizabeth G. Smith all her life—was her step-daughter. Had often heard her say that some of said negroes were given to her by her father, Pullen, before her intermarriage with John J. Smith. That the negroes which she had before said marriage, were the same named in the appraisement list exhibited and marked A. Said Elizabeth G. brought eight slaves with her to Jefferson; one of them, named George, the father of witness owned before he married her. She brought no property to Jefferson but said slaves, three horses, and some household furniture. She had no other slaves than the above in ber possession from the time she came to Jefferson until she left Arkansas county.

Exhibit A., referred to in the foregoing depositions, is a certified copy, from the records of the probate court of Pope county, of the inventory and appraisement of the personal estate of John J. Smith, deceased, returned by his administrators in January, 1838. There are eight slaves in the inventory, and among them one named Dick. The entire personal property is appraised at $4,976.73, of which $3,020.00 is the aggregate value of the slaves—Dick is valued at $200.

Defendant next read to the jury, by consent of plaintiffs, the affidavit of John L. Jones, in substance as follows:

"There came into my hands an alias execution, from the Jefferson circuit court in favor of Pennington against E. G. Smith. I levied the same on a small boy named Dick, and took a bond