Desha, Sheppard & Co. v. Scales
Supreme Court of Alabama
Wuit of error to the Circuit Court of Talladega county. Claim of property by Joseph H. Scales to six slaves, levied on by virtue of an attachment in favor or Desha, Sheppard & Co. .against Nicholas Scales. The pleadings are not in the customary form, and in order to a correct understanding of some of the questions raised, require to he stated.
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Wuit of error to the Circuit Court of Talladega county. Claim of property by Joseph H. Scales to six slaves, levied on by virtue of an attachment in favor or Desha, Sheppard & Co. .against Nicholas Scales. The pleadings are not in the customary form, and in order to a correct understanding of some of the questions raised, require to he stated. The plaintiffs allege that the slaves levied on, were the slaves of Nicholas Scales, and subject to their attachment, concluding with a verification. The claimant averred that the slaves so levied on, are not liable absolutely to said attachment, as is…
1Opinion of the CourtGoldthwaite, J.
Without entering into a consideration of the antiquated learning, with respect to the effectof a. protes-tando in pleading, we shall confine ourselves to the expression of our opinion, that this issue must be considered as involving an inquiry into the execution of the deed. The issue itself is irregular, and more circumscribed than it should have been, inasmuch as the plaintiff in execution is only bound to show that the property levied on was subject, either in whole or in part, at the time of the levy. The claimant only puts in issue his right of property under the deed, when, from our…
2Cases cited1 opinion
- Bradford v. DawsonSupreme Court of Alabama · 1841
3Cited by5 opinions
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Hempstead v. JohnstonSupreme Court of Arkansas · 1856
- Brock v. HeadenSupreme Court of Alabama · 1848
- Williams v. HartshornSupreme Court of Alabama · 1857
- Hopkins v. ScottSupreme Court of Alabama · 1852