Beall v. Williamson
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Detinue for a slave, by the plaintiffs in error, before the Hon. E. Pickens. The questions of law arise out of a bill of exceptions, presenting the following State of facts. The plaintiffs claimed through a mortgage, executed by one Fleming, in Stewart county, Georgia, made to secure a promissory note of the same- date, for $725. The mortgage bore date in April, 1842, and the law day was one day after.
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Error to the Circuit Court of Lowndes. Detinue for a slave, by the plaintiffs in error, before the Hon. E. Pickens. The questions of law arise out of a bill of exceptions, presenting the following State of facts. The plaintiffs claimed through a mortgage, executed by one Fleming, in Stewart county, Georgia, made to secure a promissory note of the same- date, for $725. The mortgage bore date in April, 1842, and the law day was one day after. It was proved, Fleming owed plaintiffs the debt at the time, and was also indebted to other persons, and if there was any balance left, after paying them,…
1Opinion of the CourtCollier, C. J.
The mortgage under which the plaintiffs claim the slave in question was executed in Georgia, and its validity must be determined by the laws of that State. It is well settled in this court, that in the absence of opposing proof, it will be intended that the common law of England, so far as applicable to our institutions, is in force at least in the States once subject to its influence. Applying the principles of this system, and we can discover nothing to affect the operation of the mortgage where it was made ; indeed, it is not denied that it was valid in Georgia. Assuming this to be the…
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