McLane v. Miller
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Tiiespass, by Miller against McLane, for taking slaves out of the plaintiff>s possession: The defendant pleaded- — 1. Not guilty. 2. A justification that he took the slaves as coroner by virtue of an execution against the goods, &c. of one King, in the hands of the sheriff, to be administered.
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Writ of Error to the Circuit Court of Talladega. Tiiespass, by Miller against McLane, for taking slaves out of the plaintiff>s possession: The defendant pleaded- — 1. Not guilty. 2. A justification that he took the slaves as coroner by virtue of an execution against the goods, &c. of one King, in the hands of the sheriff, to be administered. At the trial, upon these pleas, it appeared the plaintiff had hired the slaves from the sheriff, he being at the same time administrator of one King, deceased, as well as one Calhoun deceased. From the evidence before the jury it was in-ferrible the…
1Opinion of the CourtGoldthwaite, J.
It is difficult to perceive on what principle it ever could have been ruled that acceptance of sat-faction from a stranger was not a bar to an action. Yet it was so held in Grimes v. Blafield, Cro. Eliz. 541, and this case is recognized in New York and Kentucky. [Clow v. Borst, 6 John. 35; Gresher v. Grant, 3 Mon. 302, and is cited without disapprobation by Yiner, Comyn, and Bacon. To us, however, it seems at variance alike with common sense and justice. When the party has accepted a satisfaction, it is immaterial whether it moves from a stranger or from one who is directly bound. So strong…
2Cited by5 opinions
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Alabama & Florida Railroad v. BurkettSupreme Court of Alabama · 1871
- McLane v. MillerSupreme Court of Alabama · 1847
- Sovereign Camp, W. O. W. v. BallardAlabama Court of Appeals · 1923
- Brewer v. Branch BankSupreme Court of Alabama · 1854