Foster v. Smith
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. This was a trial of the right to a slave, levied on under an execution in favor of defendant in error against James H. Draughan, and claimed by the plaintiff in error as trustee of Jane S. Draughan, wife of the said James H. The plaintiff in execution having proven possession of the slave by the said James H. Draughan at the time of the levy, and its value, the claimant read to the jury a deed from James…
Read the full summary
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. This was a trial of the right to a slave, levied on under an execution in favor of defendant in error against James H. Draughan, and claimed by the plaintiff in error as trustee of Jane S. Draughan, wife of the said James H. The plaintiff in execution having proven possession of the slave by the said James H. Draughan at the time of the levy, and its value, the claimant read to the jury a deed from James M. Lindsey to the said Jane.S. Draughan, by which he conveyed the said slave to her, for her sole and separate use; and…
1Opinion of the CourtChilton, J.
It is perfectly clear that if the claimant h.as no right to the property, the title to which he proposes trying by interposing his claim, he cannot recover, because a third person, a stranger to the proceeding, may be supposed to have a title paramount to that of the defendant in execution. By the interposition of his claim, he arrests the execution of the process upon the property to which he asserts title, and virtually asserts that the sale of it for the satisfaction of the plaintiff's ft. fa. is inconsistent with his rights. If he has no such rights, it is a matter of no concern to him…
2Cases cited4 opinions
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Best v. StrongNew York Supreme Court · 1829
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
- Nabors v. ShippeySupreme Court of Alabama · 1849
3Cited by8 opinions
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1943
- Jones v. FranklinSupreme Court of Alabama · 1886
- Seisel & Co. v. Folmar & SonsSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.