Gibson v. Land
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee, Tried before the Hon. JOHN E. Moore. DetiNüe for a slave named Eve, which the plaintiff claimed under the will of his father-in-law, Nathan Saunders, deceased, who bequeathed the mother of said slave to his wife, Mary Saunders, during her life or widowhood, with remainder to his daughter Elizabeth, who is now plaintiff’s wife ; while the defendant claimed under a purchase from said Mary Saunders, during her lifetime, and while said…
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Appeal from the Circuit Court of Cherokee, Tried before the Hon. JOHN E. Moore. DetiNüe for a slave named Eve, which the plaintiff claimed under the will of his father-in-law, Nathan Saunders, deceased, who bequeathed the mother of said slave to his wife, Mary Saunders, during her life or widowhood, with remainder to his daughter Elizabeth, who is now plaintiff’s wife ; while the defendant claimed under a purchase from said Mary Saunders, during her lifetime, and while said negro was'in her possession with the assent of her husband’s executor. In the writ, and also in the commencement of the…
1Opinion of the Court
RICE, J
In Chapman, Governor &c., v. Spence et al., 22 Ala. 588, the writ showed that Reuben Chapman in his individual capacity was the plaintiff in it; but the declaration showed that “ the Governor of the State of Alabama” was the plaintiff in it: it was held that such a writ would not support such a declaration, and that the declaration was properly stricken from the file, on a motion duly made to that effect.
The principle recognized in that case is, that a writ sued out in favor of one person will not support a declaration in favor of another person. The principle is sound, but it has no…
2Cases cited11 opinions
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Pitts v. CurtisSupreme Court of Alabama · 1842
- Wilks's Adm'r v. GreerSupreme Court of Alabama · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Lucas v. PittmanSupreme Court of Alabama · 1891
22 more not listed; retrieve them via the Exa API.