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Sebastian Shade Jr.

Birth
Pfoutz Valley, Perry County, Pennsylvania, USA
Death
Jan 1820 (aged 38)
Mobile, Mobile County, Alabama, USA
Burial
Burial Details Unknown Add to Map
Memorial ID
View Source
Son of SEBASTIAN "BOSTON" SHADE & MARY/MARIA HOFFMAN

Married: HANNAH HUNT
(unkn - Nov 7, 1823)
Ju 1839 Supreme Court records (Hunt v. Devling) reflect that Sebastian deserted Hannah

Two children:
1. Caroline SHADE
abt 1819 - unkn (m. Caldwell)
2. Matilda SHADE
1821 – 1872 (m. Alexander/Andrew Harvey)


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Baptismal Record
Sebastian Shade
Baptism Age: 1
Event Type: Baptism
Birth Date: 25 Mar 1781
Baptism Date: 8 Jun 1782
Baptism Place: Pfoutzs Valley, Perry, Pennsylvania, USA
Denomination: Lutheran
Organization Name: St Michael Evangelical Lutheran
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Sebastian Shade: Surpreme Court Case
(Shows death year and 2 daughter's names, questionable as he supposedly died in Jan 1820 and Matilda was born July 1821)
A Supreme Court Case about the land of Sebastian Shades, which was then his 2 daughters, Caroline Caldwell and Matilda Harvey. This record shows the death year of Sebastian Shade, 1820. (also see Orphan’s Court Records). Report of Cases Argued and Determined in the Supreme Court of Alabama, Volume 28, 1856, page 250-265. Harvey and Wife vs. Thorpe. (Writ of Right for Recovery of Land). 1. Judicial admissions of attorney, conclusiveness of – conceding that attorneys-at-law have power to bind their clients by written admissions as to the facts of a case; yet, where such admissions are made improvidently, or through mistake, the court may relieve against them, by means of its coercive powers over its own officers, and may set them aside upon such terms as will meet justice of the particular case. 2. Secondary evidence, different degrees of – The rule established by the current of American authorities, which requires a party to produce the best kind of secondary evidence that is in his power, is more reasonable than English rule, which recognizes no degrees in secondary evidence; but wherever this rule is invoked against a party, he is permitted to show that what appears to be, is not in fact, a higher degree of secondary evidence. 3. Record copy of deed, conclusiveness of – A record copy of a lost deed, or a transcript from the record, which is declared by the statute (Clay’s Dig. 155. & 25) to be “as good and effectual and available in law as if the original deed were then and there produced and proved,” is only prima facie evidence of the contents of the deed, on the ground that all public officers must be presumed to have discharged the duties which the law requires of them; but parol evidence is admissible to show that it was not correctly recorded. 4. Presumption of conveyance from long-continued possession – Where defendant shows a letter from plaintiff’s ancestor to an agent, directing him to close a bargain for the sale of land, a deed thereupon executed by the agent, in his own name, to defendant’s vendor, and an uninterrupted possession of twenty-eight years; the court may instruct the jury, that they may presume a conveyance from plaintiff’s ancestor, either to the agent, or to his vendee. January Term, 1856, Appeal from the Circuit Court of Mobile, Tried before the Hon. C. W. Rapier. This action was brought by the appellants, Caroline Caldwell, Alexander Harvey, and Matilda, his wife, as heirs at law of Sebastian Shade, against Andrew Thorpe and Charles Thorpe, “to recover a parcel of land in the city of Mobile, situate to the south of Dauphin street, and bounded thereon, and measuring fifty feet, bounded on the west by the property of George Davis, and extending with the same width one hundred feet;” and was commenced on the 27th October, 1845. The defendants pleaded, in short by consent, the general issue, and the statutes of limitation of ten, twenty, and thirty years. The trial was had at the May term, 1854; and the bill of exceptions then sealed, at the instance of the plaintiffs, presents all the matters covered by the assignments of error. The plaintiffs rested their case, after having offered in evidence an agreement, which had been entered into between the attorneys of the respective parties, and which was as follows: Harvey & Wife, et al, vs. Thorpe and Thorpe. It is admitted in evidence, on the trial of this cause, that Sebastian Shade owned in fee simple, and was in possession of, the land sued in this case, until the 20th day of August, 1818; that, on that day, the defendants,l and those under whom they claim, went into possession and have held same adversely, ever since that time, under claim of title, to this time; that said Shade was the ancestor of the plaintiffs, and thay they are his only heirs; that said Shade died, in the State of Alabama, in the year 1820; that plaintiffs were minors at the death of said Shade. It is further admitted, that said heirs married before the termination of their minority; and that the records in the office of the county, of any papers having reference to this cause, may be read in evidence, without objections to the nonproduction of the originals.” signed Stanley, for Pl’ffs. Lockwood for Def’ts.
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Son of SEBASTIAN "BOSTON" SHADE & MARY/MARIA HOFFMAN

Married: HANNAH HUNT
(unkn - Nov 7, 1823)
Ju 1839 Supreme Court records (Hunt v. Devling) reflect that Sebastian deserted Hannah

Two children:
1. Caroline SHADE
abt 1819 - unkn (m. Caldwell)
2. Matilda SHADE
1821 – 1872 (m. Alexander/Andrew Harvey)


============================
Baptismal Record
Sebastian Shade
Baptism Age: 1
Event Type: Baptism
Birth Date: 25 Mar 1781
Baptism Date: 8 Jun 1782
Baptism Place: Pfoutzs Valley, Perry, Pennsylvania, USA
Denomination: Lutheran
Organization Name: St Michael Evangelical Lutheran
============================
Sebastian Shade: Surpreme Court Case
(Shows death year and 2 daughter's names, questionable as he supposedly died in Jan 1820 and Matilda was born July 1821)
A Supreme Court Case about the land of Sebastian Shades, which was then his 2 daughters, Caroline Caldwell and Matilda Harvey. This record shows the death year of Sebastian Shade, 1820. (also see Orphan’s Court Records). Report of Cases Argued and Determined in the Supreme Court of Alabama, Volume 28, 1856, page 250-265. Harvey and Wife vs. Thorpe. (Writ of Right for Recovery of Land). 1. Judicial admissions of attorney, conclusiveness of – conceding that attorneys-at-law have power to bind their clients by written admissions as to the facts of a case; yet, where such admissions are made improvidently, or through mistake, the court may relieve against them, by means of its coercive powers over its own officers, and may set them aside upon such terms as will meet justice of the particular case. 2. Secondary evidence, different degrees of – The rule established by the current of American authorities, which requires a party to produce the best kind of secondary evidence that is in his power, is more reasonable than English rule, which recognizes no degrees in secondary evidence; but wherever this rule is invoked against a party, he is permitted to show that what appears to be, is not in fact, a higher degree of secondary evidence. 3. Record copy of deed, conclusiveness of – A record copy of a lost deed, or a transcript from the record, which is declared by the statute (Clay’s Dig. 155. & 25) to be “as good and effectual and available in law as if the original deed were then and there produced and proved,” is only prima facie evidence of the contents of the deed, on the ground that all public officers must be presumed to have discharged the duties which the law requires of them; but parol evidence is admissible to show that it was not correctly recorded. 4. Presumption of conveyance from long-continued possession – Where defendant shows a letter from plaintiff’s ancestor to an agent, directing him to close a bargain for the sale of land, a deed thereupon executed by the agent, in his own name, to defendant’s vendor, and an uninterrupted possession of twenty-eight years; the court may instruct the jury, that they may presume a conveyance from plaintiff’s ancestor, either to the agent, or to his vendee. January Term, 1856, Appeal from the Circuit Court of Mobile, Tried before the Hon. C. W. Rapier. This action was brought by the appellants, Caroline Caldwell, Alexander Harvey, and Matilda, his wife, as heirs at law of Sebastian Shade, against Andrew Thorpe and Charles Thorpe, “to recover a parcel of land in the city of Mobile, situate to the south of Dauphin street, and bounded thereon, and measuring fifty feet, bounded on the west by the property of George Davis, and extending with the same width one hundred feet;” and was commenced on the 27th October, 1845. The defendants pleaded, in short by consent, the general issue, and the statutes of limitation of ten, twenty, and thirty years. The trial was had at the May term, 1854; and the bill of exceptions then sealed, at the instance of the plaintiffs, presents all the matters covered by the assignments of error. The plaintiffs rested their case, after having offered in evidence an agreement, which had been entered into between the attorneys of the respective parties, and which was as follows: Harvey & Wife, et al, vs. Thorpe and Thorpe. It is admitted in evidence, on the trial of this cause, that Sebastian Shade owned in fee simple, and was in possession of, the land sued in this case, until the 20th day of August, 1818; that, on that day, the defendants,l and those under whom they claim, went into possession and have held same adversely, ever since that time, under claim of title, to this time; that said Shade was the ancestor of the plaintiffs, and thay they are his only heirs; that said Shade died, in the State of Alabama, in the year 1820; that plaintiffs were minors at the death of said Shade. It is further admitted, that said heirs married before the termination of their minority; and that the records in the office of the county, of any papers having reference to this cause, may be read in evidence, without objections to the nonproduction of the originals.” signed Stanley, for Pl’ffs. Lockwood for Def’ts.
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