McConeghy v. McCaw
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStby. This action was brought by Mrs. Martha E. McConeghy, wife of "William McConeghy, against Hugh McCaw, to recover damages for the conversion of a slave named Hide, which the plaintiff claimed as a part of her separate estate, under the facts hereinafter stated, and -which the defendant induced the sheriff' of Mobile to sell under execution against said William McConeghy.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStby. This action was brought by Mrs. Martha E. McConeghy, wife of "William McConeghy, against Hugh McCaw, to recover damages for the conversion of a slave named Hide, which the plaintiff claimed as a part of her separate estate, under the facts hereinafter stated, and -which the defendant induced the sheriff' of Mobile to sell under execution against said William McConeghy. A plea in abatement, on account of the non-joinder of the plaintiff’s husband, was interposed by the defendant, but does not appear to have been acted…
1Opinion of the CourtWalker, J.
— It is declared by the Code, (§ 2455,) that executions may be levied on an equity of redemption, in either land or personal property, and that when any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant, and subject to all his disabilities. There certainly remains in one who absolutely conveyed a slave, as a mere security for the payment of a debt, “an equity of redemption.” Chancellor Kent, in reference to conveyances absolute in form, yet designed to have effect as mortgages, says: “When it *450is once ascertained that the conveyance…
2Cases cited8 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Perminter v. KellySupreme Court of Alabama · 1851
- Parish v. GatesSupreme Court of Alabama · 1856
- Calkins v. LockwoodSupreme Court of Connecticut · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Andrews v. KeithSupreme Court of Alabama · 1859
- Goode v. LongmireSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.