Alford v. Colson
Supreme Court of Alabama
Writ of error to the Circuit Court of Monroe. An execution was issued by a justice of the peace, at the suit of the defendant in error against the goods and chattels of the plaintiff, Alford, and levied on a female slave, which Alford made affidavit was not his property, but that Henry D. Whippel was her owner.
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Writ of error to the Circuit Court of Monroe. An execution was issued by a justice of the peace, at the suit of the defendant in error against the goods and chattels of the plaintiff, Alford, and levied on a female slave, which Alford made affidavit was not his property, but that Henry D. Whippel was her owner. A trial of the right was thereupon had before the justice, between the plaintiff in execution and Alford, the agent of Whippel, claimant, a verdict was rendered in favor of the plaintiff, and judgment rendered condemning the slave to the satisfaction of the execution. Alford presented…
1Opinion of the CourtCollier, C. J.
If at any time the Circuit Court should have entertained a motion to dismiss, for a defect in the affidavit by which the claim of property was interposed before the justice, it was certainly too late after one or more continuances of the cause, subsequent to the appearance of the parties. This point has been repeatedly so ruled in analagous cases.
If the slave was the property of Whippel, the claim should have been interposed in his name. But instead of thus proceeding, the defendant in execution declares that he held the slave as the agent of Whippel, and the statement of the case before the…
2Cited by1 opinion
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