Morgan v. Smith, Wykoff & Nicholl
Supreme Court of Alabama
Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. Andrew B. Moore. This action was brought by the appellees, suing as partners, against Isaac C. Morgan, to recover a negro man, named Phil, together with damages for his detention. The defendant pleaded, “ that he is not guilty of the matter alleged in the complaint, and that the slave sued for is his property.”
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Appeal from tbe Circuit Court of Autauga. Tried before tbe Hon. Andrew B. Moore. This action was brought by the appellees, suing as partners, against Isaac C. Morgan, to recover a negro man, named Phil, together with damages for his detention. The defendant pleaded, “ that he is not guilty of the matter alleged in the complaint, and that the slave sued for is his property.” The bill of exceptions is as follows : “ On the trial, the plaintiffs introduced evidence, showing that the slave sued for was in their possession a short time before the bringing of this suit, and that they obtained said…
1Opinion of the CourtWalker, J.
The bill of sale, delivered by Morgan to Strickland, was, in its effect, a conveyance of title. — Bush v. Bradford, 15 Ala. 817. The delivery of the bill of sale to the vendee has, of itself, the legal effect of transferring the title from the vendor to the vendee. The vendor says by the bill of sale, when delivered to the purchaser, I transfer the title. The law will not permit him to say, that there was a parol agreement, by which the bill of sale delivered to the purchaser was not to be effectual, unless the purchaser should give him a note for the purchase money with a certain surety. A…
2Cases cited8 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Oliver v. StateSupreme Court of Alabama · 1850
- Bibb v. ReidSupreme Court of Alabama · 1841
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Robertson v. CokerSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Shriner v. MeyerSupreme Court of Alabama · 1911
- Thomason v. DillSupreme Court of Alabama · 1857
- Acker v. BenderSupreme Court of Alabama · 1858
- Capitol Lumber Co. v. MullinixSupreme Court of Alabama · 1922
2 more not listed; retrieve them via the Exa API.