Moore v. Spence
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Trespass, vi et armis, by the plaintiff against the defendant in error, as sheriff of Talladega. The defendant pleaded the general issue, and a special plea setting up a justification, that the property was seized by virtue of legal process. Issue on the demurrer to the second, which was overruled by the court.
Read the full summary
Error to the Circuit Court of Talladega. Trespass, vi et armis, by the plaintiff against the defendant in error, as sheriff of Talladega. The defendant pleaded the general issue, and a special plea setting up a justification, that the property was seized by virtue of legal process. Issue on the demurrer to the second, which was overruled by the court. On the trial, the plaintiff proved, that in the summer of 1837, William H. Moore, his father, informed him that his wife’s mother had died in Virginia, and had given to the wife some ten oí twelve negroes, and that he, plaintiff, might have them…
1Opinion of the CourtOrmond, J.
The principal question is, whether a gift of slaves by a father to his son is void as against existing creditors.
In the case of Miller v. Thompson, [3 Porter, 196,] this question was considered by this court, and an elaborate opinion delivered, holding the affirmative of this proposition. No subse*508quent opinion of this court has weakened the force of that adjudication, and we, therefore, decline entering into a discussion of the merits of the question. Even if we were dissatisfied with the decision, which we do not wish to intimate, we should hesitate long before we would overturn one so…
2Cases cited1 opinion
- Miller v. ThompsonSupreme Court of Alabama · 1836
3Cited by18 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Boyd v. BeckSupreme Court of Alabama · 1857
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Hoot v. SorrellSupreme Court of Alabama · 1847
13 more not listed; retrieve them via the Exa API.