Black v. Oliver
Supreme Court of Alabama
Error to the Circuit Court of Marshall County, DETINUE by the defendant in error for a female slave, and judgment in his favor in the court below, on the plea of non detinet. The facts of the case, as set out in a bill of exceptions taken at the trial, are that the defendant in error, about eighteen months after his removal to this State from South Carolina, sold and conveyed by bill of sale, the negro woman in controversy, to one Robert Sweet.
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Error to the Circuit Court of Marshall County, DETINUE by the defendant in error for a female slave, and judgment in his favor in the court below, on the plea of non detinet. The facts of the case, as set out in a bill of exceptions taken at the trial, are that the defendant in error, about eighteen months after his removal to this State from South Carolina, sold and conveyed by bill of sale, the negro woman in controversy, to one Robert Sweet. It was also proved that Sweet gave his note to Oliver for two hundred and fifty dollars, the consideration mentioned in the bill of sale; but Oliver…
1Opinion of the CourtOrmond, J.
— The evidence set out in the bill of exceptions, shows, that the slave in controversy was sold by the defendant in error, at a very reduced price, to one Sweet, in consideration that he should make her his wife, and emancipate her.
We must infer, from the statement on the record, that the bargain was tobe consummated in this State, where a marriage between a white and colored person would be illegal; and it was probably intended, that the parties should live together in a state of concubinage. As either would be in violation of the law of this State, morality, and public decency, the…
2Cases cited1 opinion
- F. J. Harrison & Co. v. SmithCourt of Appeals of Texas · 1884
3Cited by14 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Herren v. BeckSupreme Court of Alabama · 1935
- Potter & Son v. GracieSupreme Court of Alabama · 1877
- Morris v. HallSupreme Court of Alabama · 1868
- Clark v. ColbertSupreme Court of Alabama · 1880
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