Legal Opinion

Beall v. Williamson

Supreme Court of Alabama

Decided January 15, 1848PublishedCited by 7 opinions

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…

2Cases cited7 opinions

  1. Borland v. MayoSupreme Court of Alabama · 1845
  2. Hills v. EliotMassachusetts Supreme Judicial Court · 1815
  3. Ravisies v. AlstonSupreme Court of Alabama · 1843
  4. Briscoe v. ClarkeSupreme Court of Virginia · 1822
  5. Dubose v. DuboseSupreme Court of Alabama · 1845

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3Cited by7 opinions

  1. Ames Iron Works v. WarrenIndiana Supreme Court · 1881
  2. Handley v. HarrisSupreme Court of Kansas · 1892
  3. Craig v. WilliamsSupreme Court of Virginia · 1894
  4. Metro Plan, Inc. v. Kotcher-Turner, Inc.Michigan Supreme Court · 1941
  5. Wilson v. RustadNorth Dakota Supreme Court · 1898

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