Legal Opinion

Cowles v. Andrews

Supreme Court of Alabama

Decided June 15, 1863PublishedCited by 8 opinions

Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. N. W. Cocee. The appellants in this case filed their bill, on the 9th April, 1858, against W. C. Moore and wife, seeking to subject to the payment of a promissory note, executed to them by said Moore and wife, Mrs. Moore’s separate estate in certain slaves, whose names, ages, <&c., were specified in the bill.

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Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. N. W. Cocee. The appellants in this case filed their bill, on the 9th April, 1858, against W. C. Moore and wife, seeking to subject to the payment of a promissory note, executed to them by said Moore and wife, Mrs. Moore’s separate estate in certain slaves, whose names, ages, <&c., were specified in the bill. The defendants consented of record, on the day the bill was filed, that a decree might be entered up against them, for the amount due on the note; and a decree was accordingly rendered, on that day, ordering Mrs. Moore’s…

1Opinion of the CourtA. J. Walker, C. J.

Cowles & Ledyard, W. C. Bibb, and Lewis Owen, severally obtained decrees, subjecting slaves, in which Mrs. Moore had a separate estate, to the payment of their respective debts, owing to them by Moore and wife. On the day appointed for the sale of the slaves under those three several decrees, an agreement in writing was executed by the complainants in the decrees and Andrews. In that agreement it was recited, that the slaves were all advertised for sale on that day; that Andrews claimed them, by virtue of mortgages prior in date to the decrees, and that the slaves would bring more, if sold…

2Cited by8 opinions

  1. Ex parte PrintupSupreme Court of Alabama · 1888
  2. Renfro Bros. v. Goetter, Weil & Co.Supreme Court of Alabama · 1884
  3. Talladega Mercantile Co. v. Jenifer Iron Co.Supreme Court of Alabama · 1893
  4. City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
  5. Douglass v. BlakeSupreme Court of Alabama · 1914

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