Blocker v. Burness
Supreme Court of Alabama
Error to the Circuit Court of Lawrence County, This was a trial of the right of property, in which the plaintiff in error was the plaintiff in execution, and the defendant in error the claimant of the property, in which the claimant had judgment.
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Error to the Circuit Court of Lawrence County, This was a trial of the right of property, in which the plaintiff in error was the plaintiff in execution, and the defendant in error the claimant of the property, in which the claimant had judgment. It appears from a bill of exceptions taken in the cause, that the claimant relied on a conveyance, made to him by the defendant in execution, of the property levied on, which was absolute in its terms, and proved that a fair consideration was paid by him for the property. The possession of the property remained with the defendant in execution. The…
1Opinion of the CourtOrmond, J.
— The learned and elaborate opinion of Chief Justice Willes, in the case of Omichund v. Barker, Willes’ Rep. 538 is the text generally resorted to on this interesting subject. The question in that case was, whether an East Indian, professing the Gentoo religion, who had given evidence on a commission issuing out of Chancery, who had been sworn according to the custom of his religion, was a competent witness
The learned Judge proceeds to show, that the substance of an oath had nothing to do with Christianity — that oaths were more ancient than the Christian feligion, and successfully combats…
2Cases cited3 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Hunscom v. HunscomMassachusetts Supreme Judicial Court · 1818
- Ayres v. MooreSupreme Court of Alabama · 1830
3Cited by14 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Marshall v. StateSupreme Court of Alabama · 1929
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
- Henderson v. MabrySupreme Court of Alabama · 1848
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