Legal Opinion

Napier v. Cook

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 2 opinions

Error to Franklin Circuit Court. Detinue by the plaintiff in error, for two slaves and two horses. The defendant pleaded not guilty, and a special plea that he seized and sold the property by virtue of legal process, ¡against A. M. Degraffenreid, upon which issue was taken.

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Error to Franklin Circuit Court. Detinue by the plaintiff in error, for two slaves and two horses. The defendant pleaded not guilty, and a special plea that he seized and sold the property by virtue of legal process, ¡against A. M. Degraffenreid, upon which issue was taken. In the progress of the trial, the plaintiff offered in evidence a deed executed by B. Degraffenreid, M. Degraffenreid, and A. M. Degraffenreid, to James C. Kennerly, in trust, to pay ■certain debts of A. M. Degraffenreid. The deed was not witnessed, but was acknowledged for registration before a justice ■of the peace. A…

1Opinion of the CourtOrmond, J.

The witness, Degraffenreid, was not acorn,*840petent witness at the time he was offered. He was called to sustain the deed, by which certain property was conveyed to one in trust, to pay certain of his creditors, when the same property had been previously levied on and subsequently sold by the sheriff, under execution, and had been applied to the payment of his debts, in due course of law. It is therefore clear, that he did not stand indifferent between these creditors. The execution creditor being satisfied by the sale made by the sheriff, the witness had a direct interest in sustaining the…

2Cases cited2 opinions

  1. Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
  2. Jones v. ScottSupreme Court of Alabama · 1841

3Cited by2 opinions

  1. Jones' Ex'rs v. HoskinsSupreme Court of Alabama · 1850
  2. Myrick v. MyrickSupreme Court of Alabama · 1935

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