Carter v. Mannings
Supreme Court of Alabama
Writ of error to the Circuit Court of Blount. Claim interposed, under the statute, by John W. and Charles Carter, to a slave levied on by virtue of a f. fa., at the suit of Mannings & Jackson against Thomas M. Carter. At the trial the claimants offered to read a deed of gift, executed to them in July, 1820, by one John Ward, for slaves, one being the mother of that levied upon.
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Writ of error to the Circuit Court of Blount. Claim interposed, under the statute, by John W. and Charles Carter, to a slave levied on by virtue of a f. fa., at the suit of Mannings & Jackson against Thomas M. Carter. At the trial the claimants offered to read a deed of gift, executed to them in July, 1820, by one John Ward, for slaves, one being the mother of that levied upon. This deed was attached to the deposition of Martin B. Ward, who, from the deed, appears to be a subscribing witness to it, and who testified, that he was so, and that it was executed and delivered at the time it bears…
1Opinion of the CourtGoldthwaite, J.
— We are not sure that the bill of exceptions discloses the precise ground upon which the deed, under which the claimants attempted to make title to the slave in controversy, was excluded from the jury. Be this as it may, we are concluded by it, and must consider the matter as it is stated in the transcript.
1. If the title of the debtor to the slave, had been complete in consequence of any adverse, or other possession, this should have been left to the jury under instructions from the Court. So too, if the deed excluded from the jury was inoperative, by reason of any omission to record it,…
2Cited by4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Wall v. WilliamsSupreme Court of Alabama · 1847
- Spence v. MitchellSupreme Court of Alabama · 1846
- Taylor v. B. Bank at HuntsvilleSupreme Court of Alabama · 1848