Greene v. Tims
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Tried before the Hon. Samuel Chapman. This was a itrial of the right of property in a slave by the name of Captain, levied on under an execution in favor of the ■defendant in error for the use of Goodwin & Walthall against Thomas Batte, sr., and claimed by the plaintiff in error.
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Error to the Circuit Court of Marengo. Tried before the Hon. Samuel Chapman. This was a itrial of the right of property in a slave by the name of Captain, levied on under an execution in favor of the ■defendant in error for the use of Goodwin & Walthall against Thomas Batte, sr., and claimed by the plaintiff in error. The following facfs are to be gleaned from the record: On the 2d February 1841, the defendant in error sued out an attachment against Thomas Batte, sr., which was levied on the slave in controversy, and a forthcoming bond executed by Thomas Batte, jr., with James Sheppard and…
1Opinion of the CourtChilton, J.
1. We cannot conceive what interest the witnesses, Lancaster and Sheppard, had in this controversy. They had, it is true, entered into an informal delivery bond payable to the sheriff, conditioned to have the slave forthcoming to answer and satisfy the judgment of the plaintiff in attachment ; but allowing that the bond was good as a common law obligation, it is very certain that the condition was fully complied with, when the property was forthcoming to to be "íéVied upon by the execution, issued on the judgment. The exfecqtiqn -has been levied, and the sureties put in no default, so that…
2Cases cited3 opinions
- Wiswall v. GliddenSupreme Court of Alabama · 1842
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
- Rowland v. LadigaSupreme Court of Alabama · 1839
3Cited by5 opinions
- Cook v. ParhamSupreme Court of Alabama · 1853
- Carter v. Fidelity & Deposit Co.Supreme Court of Alabama · 1901
- American Surety Co. v. HookerAlabama Court of Appeals · 1951
- Cotten v. BradleySupreme Court of Alabama · 1863
- Tracey, Irwine & Co. v. WarrenSupreme Court of Alabama · 1871