Caraway v. Wallace
Supreme Court of Alabama
Error to the Chancery Court at Mobile. The bill charges, that on the 27th December, 1836, the complainant entered into a contract with the defendant Wallace, in writing, for the sale to him, of twenty-seven slaves, for the sum of twenty-nine thousand dollars; and by a subsequent verbal agreement, another slave was added, at the price of twelve hundred dollars,upon the same time,to be paid for as follows : one-half of one-third part in ninety days; one-half of one-third part…
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Error to the Chancery Court at Mobile. The bill charges, that on the 27th December, 1836, the complainant entered into a contract with the defendant Wallace, in writing, for the sale to him, of twenty-seven slaves, for the sum of twenty-nine thousand dollars; and by a subsequent verbal agreement, another slave was added, at the price of twelve hundred dollars,upon the same time,to be paid for as follows : one-half of one-third part in ninety days; one-half of one-third part in four months; and the remaining two-thirds in equal payments, of one and two years, to be computed from the 16th…
1Opinion of the CourtOrmond, J.
— The material questions in this case are—
1. What was the character of the sale of the slaves in controversy, from the plaintiff in error to Wallace — was it an absolute, or conditional, sale ?
2. Are Sayre & Converse bona fide purchasers from Wallace, and as such, entitled to hold the slaves against the supposed title, or lien, of the plaintiff in error.
1. The contract between Wallace and the plaintiff in error for the slaves, was made on the 27th December, 1836 ; and is to the following effect: “Articles of agreement, this day enter*548ed into, by and between G-. E. Caraway and William Wallace,…
2Cases cited4 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
- Lupin v. Marie & VaretNew York Court of Chancery · 1830
3Cited by6 opinions
- Houser & Haines Manufacturing Co. v. HargroveCalifornia Supreme Court · 1900
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Sumner v. WoodsSupreme Court of Alabama · 1875
- Robinson v. HirschfelderSupreme Court of Alabama · 1877
- Sanders v. StokesSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.