Shanklin v. Johnson
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error against the plaintiif. The declaration contains-two counts, viz : 1. For money paid, laid out and expended, 2. For money had and received. The cause was tried upon the general issue, a verdict returned for the plaintiif for $818 21, and judgment rendered accordingly. On the trial,, the defendant excepted to the ruling of the court.
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Writ of Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error against the plaintiif. The declaration contains-two counts, viz : 1. For money paid, laid out and expended, 2. For money had and received. The cause was tried upon the general issue, a verdict returned for the plaintiif for $818 21, and judgment rendered accordingly. On the trial,, the defendant excepted to the ruling of the court. It was-proved by a witness, introduced by the plaintiif, that the defendant and'a slave of the plaintiif, named-Moses, came to the witnesses house,…
1Opinion of the CourtCollier, C. J.
According to the civil law, whatever a slave has at any time acquired, either by delivery, donation, stipulation, bequest, or any other means, becomes the property of the master, although he may be -ignorant of it, or were adverse to the acquisition; for a slave it is said can have no property. [Coopen’s Justinian, 100.]
Lord Coke, (Lib. 2, § 177,) in treating of villeinage, says, if a villein purchase land, and alien the same to another, before the Lord enter, then the Lord cannot enter; for it shall be adjudged his folly that he did not enter when the land was in the hands of the villein;…
2Cited by5 opinions
- Stanley v. NelsonSupreme Court of Alabama · 1856
- Webb v. KellySupreme Court of Alabama · 1861
- Broadhead v. JonesSupreme Court of Alabama · 1863
- Jones v. NirdlingerSupreme Court of Alabama · 1852
- Jones' Adm'r v. ShaddockSupreme Court of Alabama · 1867