Scales v. Desha, Sheppard & Co.
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. This was a trial of the right of property in several slaves, levied on in July 1842, by virtue of an attachment in favor of the defendants in error against Nicholas Scales, and claimed by Joseph H. Scales, under a deed of trust executed to him by the defendant in attachment on the 21st October 1840. The claim was interposed by the plaintiff in error on the day of levy.
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Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. This was a trial of the right of property in several slaves, levied on in July 1842, by virtue of an attachment in favor of the defendants in error against Nicholas Scales, and claimed by Joseph H. Scales, under a deed of trust executed to him by the defendant in attachment on the 21st October 1840. The claim was interposed by the plaintiff in error on the day of levy. During the pendency of the suit, which was tried at the Fall term 1848, Nicholas Scales died, and at the October term 1847, of the Orphans’ Court of…
1Opinion of the CourtCollier, C. J.
A release by a distributee to the administrator of all claims upon the estate, makes the distributee a competent witness for the administrator in .a suit against the latter by a creditor of the estate; and the release is equally effectual to remove the interest whether it be founded upon a consideration or not. Hall v. Alexander, 9 Ala. Rep. 219; 3 Phil. Ev. C. & H’s notes 1561; Boon v. Nelson’s heirs, 2 Dan. Rep. 391. But a release to the administrator of “ the demand •in suit” is insufficient to make the distributee competent to es-*312lablish a claim in favor of the estate; in such case a…
2Cases cited10 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Scott v. LloydSupreme Court of the United States · 1838
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Powell v. PowellSupreme Court of Alabama · 1846
- Houston v. PrewittSupreme Court of Alabama · 1846
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3Cited by3 opinions
- Pearsall v. McCartneySupreme Court of Alabama · 1856
- Leslie v. SimsSupreme Court of Alabama · 1863
- Herndon v. Givens' Adm'rSupreme Court of Alabama · 1851