Carew v. Love's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. Robeet Doughehty. This action was brought by the administrator of Erasmus Love, deceased, against Ebenezer G-. Carew and others, to recover a slave which the defendants had purchased at execution sale ! against one E. I). Jarrett, who held possession under a loan from said Love.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. Robeet Doughehty. This action was brought by the administrator of Erasmus Love, deceased, against Ebenezer G-. Carew and others, to recover a slave which the defendants had purchased at execution sale ! against one E. I). Jarrett, who held possession under a loan from said Love. The bill of exceptions is in these words : “Plaintiff proved title to the slave in himself as administrator, the defendants’ conversion before the commence-, ment of the suit, the value of the slave, &c. Defendants introduced evidence, tending to show…
1Opinion of the CourtEioe, C. J.
The 2d section of our statute of frauds of 1803, among other things, prescribes the. manner in which certain instruments shall be proved and recorded, and concludes in the following words: “Where any loan of goods and chattels shall be pretended to have been made to any person, with wrhom, or those claiming under him, possession shall have remained by the space of three years, without demand made and pursued by due course of law, on the part of the pretended lender; or where any reservation or limitation shall be pretended to have been made, of a use or property, by way of condition,…
2Cases cited1 opinion
- Brainard v. McDevittSupreme Court of Alabama · 1852
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