Dearing v. Windham
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lawrence. Detinue, by Dealing against Windham, to recover certain slaves. At the trial, the plaintiff made title to the slaves sued for, through a mortgage executed to him by one Jackson, on the 24th October, 1840. He also offered evidence to show the execution of. a bill of sale to the same slaves, by Jackson, to one Grant, on the 3d January 1842, and the execution of another bill of sale by Grant to the defendant, for the same slaves,…
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Writ of Error to the Circuit Court of Lawrence. Detinue, by Dealing against Windham, to recover certain slaves. At the trial, the plaintiff made title to the slaves sued for, through a mortgage executed to him by one Jackson, on the 24th October, 1840. He also offered evidence to show the execution of. a bill of sale to the same slaves, by Jackson, to one Grant, on the 3d January 1842, and the execution of another bill of sale by Grant to the defendant, for the same slaves, on the 27th March, 1843. The plaintiff then read in evidence the note from Jackson to him, described in the mortgage,…
1Opinion of the CourtGoldthwaite, J.
We think an examination of this case will show, the interest of the witness is entirely balanced between these parties. Conceding there is a trust resulting to him in the event the debt secured by the mortgage is paid, the moment that it is so, the title of his subsequent ven-dee would at once attach. It is this circumstance which distinguishes this from the case of Stewart v. Fowler, 3 Ala. Rep. 629. And the case of Hodge v. Thompson, 9 Ala. Rep. 131, has no influence, because in that, and the decisions which induced it, the witness, at the time of the trial, had received the benefit of the…
2Cases cited10 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Yarborough v. MossSupreme Court of Alabama · 1846
- Pruit v. LowrySupreme Court of Alabama · 1834
- Brumby v. Langdon & Co.Supreme Court of Alabama · 1846
- Frost v. HillNew York Supreme Court · 1829
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3Cited by1 opinion
- Zackowski v. JonesSupreme Court of Alabama · 1852