Williams v. Jones
Supreme Court of Alabama
Error to Henry Circuit Court. This was a trial of right of property in the Circuit Court of Henry County, in which the defendant in error was plaintiff in the execution, and the plaintiff in error Williams, trustee of Thomas Battle claimant. The jury found for the plaintiff in execution, and subjected a negro man and a bay mare to the payment of the plaintiff’s execution..
Read the full summary
Error to Henry Circuit Court. This was a trial of right of property in the Circuit Court of Henry County, in which the defendant in error was plaintiff in the execution, and the plaintiff in error Williams, trustee of Thomas Battle claimant. The jury found for the plaintiff in execution, and subjected a negro man and a bay mare to the payment of the plaintiff’s execution.. An agreement was entered into in the Court below, that fifteen other cases depending between the same parties, should abide the judgment in this case. During the trial in the Court below, as appears by a bill of exceptions,…
1Opinion of the CourtOrmond, J.
— The questions of law presented on the record are,
First: was the co-defendant of Frank the defendant in execution, properly excused from giving evidence, on the ground that he could not be compelled to swear against his interests.
Second: was the acknowledgment of the deed of trust, by the grantor, sufficient to authorise its registration.
Third: was the deed of trust inoperative, as to all creditors whose debts existed anterior to the execution of the deed of trust.
Fourth: Can the interest of the grantor in a deed of trust be sold under execution, he being in possession of the property.
'…
2Cases cited1 opinion
- Perkins v. MayfieldSupreme Court of Alabama · 1837
3Cited by14 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Marriott v. GivensSupreme Court of Alabama · 1845
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Harbinson v. HarrellSupreme Court of Alabama · 1851
- Davidson v. ShipmanSupreme Court of Alabama · 1844
9 more not listed; retrieve them via the Exa API.