Steele v. Adams
Supreme Court of Alabama
ERROR, to tbe Circuit Court of Lowndes. Tried before tbe Hon. E. Pickens. Detiuue by Steele against Adams, for tbe recovery of a slave wbicb tbe plaintiff claimed under a mortgage executed to bim by one Borland, and wbicb tbe defendant claimed through a purchaser at sheriff’s sale under execution against Borland.
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ERROR, to tbe Circuit Court of Lowndes. Tried before tbe Hon. E. Pickens. Detiuue by Steele against Adams, for tbe recovery of a slave wbicb tbe plaintiff claimed under a mortgage executed to bim by one Borland, and wbicb tbe defendant claimed through a purchaser at sheriff’s sale under execution against Borland. The evidence showed, that the mortgage was executed and duly recorded before tbe executions under which tbe slave was sold came to the sheriff’s hands, and that the sale took place after the law day of the mortgage had passed; that the plaintiff was present at the sale, and did not…
1Opinion of the CourtGoldthwaite, J.
— The principal question presented by the record is, as to the effect of the presence of the plaintiff in error at the time the slave sued for was sold under execution, and his failure on that occasion, under the circumstances by which he was surrounded, to disclose his claim. We understand the general rule to be well settled, that where one knowingly suffers another, in his presence, to purchase property to which he has a claim or title, which he wilfully conceals, he will be deemed, under such circumstances, to have waived his claim, and will not afterwards be permitted to assert it against…
2Cases cited2 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Simerson v. Branch Bank at DecaturSupreme Court of Alabama · 1847
3Cited by16 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Heflin v. SlaySupreme Court of Alabama · 1884
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
- Benedict v. LittleSupreme Court of Alabama · 1972
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