Nelson v. McCrary
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. George H. Craig. This action was brought by James W. McCrary, John E. Love, and.
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Appeal from the Circuit Court of Hale. Tried before the Hon. George H. Craig. This action was brought by James W. McCrary, John E. Love, and. William G. Miller, against Jabez C. Nelson, to recover the possession of a certain tract of land, containing one hundred and forty acres, which was described in the complaint as “ the north half of the south-west quarter of section fifteen (15), and the south-west quarter of the northwest quarter of section fifteen (15), and the east half of the south-east quarter of the north-east quarter of section sixteen (16), in township nineteen (19), range four…
1Opinion of the CourtBrickell, C. J.
It is certainly true that, by the ancient common law, personal estate only could be subject to the payment of debts. The reason was : “That it was only a chattel that was lent, and therefore the chattels of the debtor were liable only to pay it; and formerly men trusted one another no farther than they had visible chattels to answer the debt. The lands were not liable, because they were obliged to answer the duties to the feudal lord; and a new tenant could not be forced upon him, without his consent to the alienation ; and the person was not liable, because that was obliged by the tenure to…
2Cases cited14 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- McCulloch v. MarylandSupreme Court of the United States · 1819
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Keel v. LarkinSupreme Court of Alabama · 1882
- Williams v. StateDistrict Court of Appeal of Florida · 1966
- Green v. StateSupreme Court of Alabama · 1882
- Fearn v. WardSupreme Court of Alabama · 1880
19 more not listed; retrieve them via the Exa API.