Braley v. Clark
Supreme Court of Alabama
Error to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. The plaintiff in error sued out a writ of attachment against Francis Inge, returnable to tbe Circuit Court of Tuskaloosa, and caused it to be levied on a negro man slave named Jackson.
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Error to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. The plaintiff in error sued out a writ of attachment against Francis Inge, returnable to tbe Circuit Court of Tuskaloosa, and caused it to be levied on a negro man slave named Jackson. After tbe levy, tbe defendant in error replevied tbe slave, by executing a replevy bond, with E. W. Peck bis security, conditioned that, “if tbe defendant in tbe attachment, (Inge) shall be condemned in said action, and shall return to tbe sheriff of Tuskaloosa county, tbe specific property so attached, and described as aforesaid,…
1Opinion of the CourtLigon, J.
Tbe slave in controversy was levied on at tbe ‘suit of Braley against Francis Inge, commenced by attachment. After tbe attachment was levied, Lincoln Clark made a replevy bond, and took him out of tbe custody of the sheriff. Judgment having been rendered against Inge in tbe suit in favor of Braley, tbe sheriff demanded tbe slave of Clark, who failed to deliver him, but offered to interpose a claim to try tbe right of property. Tbe sheriff, however, refused to ■allow tbe claim to be interposed, and returned tbe bond “forfeited.” After this return, tbe Circuit Court ordered tbe sheriff to…
2Cases cited1 opinion
- Kinney v. MallorySupreme Court of Alabama · 1842
3Cited by8 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Mitchell v. IngramSupreme Court of Alabama · 1862
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