McGuire v. Shelby
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before tbe Hon. E. Pickens. Tbis was an action of detinue, brought by Shelby against McGuire, to recover a slave.
Read the full summary
Error to the Circuit Court of Talladega. Tried before tbe Hon. E. Pickens. Tbis was an action of detinue, brought by Shelby against McGuire, to recover a slave. The evidence tended to show, that the slave was originally the property of one Thomas L. Holley, who, on the 6th October, 1842, executed an assignment conveying said slave and other property to said Shelby, for the benefit of his creditors; that said Holley had, on the 13th June, 1842, executed a mortgage on said slave to one Johnson, with a power of sale on the first day of November next thereafter, if the mortgage debt was not paid…
1Opinion of the Court
GOLDTHWAITE, J.'
The first question presented by *459tbe record in this case, arises upon the objection made to the admissibility of the deposition of Bezant Holley. The action was brought by the defendant in error to recover a slave, and one of the grounds on which, as the record discloses, he based his right to a recovery was, a deed of assignment executed by one Thomas L. Holley, conveying to him in trust, for the benefit of his creditors, the slave in controversy, and other property. The objections in the court below against the admissibility of testimony, were founded on proof made to the…
2Cases cited6 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Dunklin v. WilkinsSupreme Court of Alabama · 1843
- Tatum v. ManningSupreme Court of Alabama · 1846
- Traylor v. MarshallSupreme Court of Alabama · 1847
- Stewart v. FowlerSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Randle v. CarterSupreme Court of Alabama · 1878
- State Bank v. EllisSupreme Court of Alabama · 1857
7 more not listed; retrieve them via the Exa API.