Roden v. Murphy
Supreme Court of Alabama
Writ of Error from the Circuit Court of Cherokee. Trespass by Roden against Murphy and others for taking from his possession and carrying away two slaves. All the defendants joined in the plea of not guilty, but severed in their other pleas.
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Writ of Error from the Circuit Court of Cherokee. Trespass by Roden against Murphy and others for taking from his possession and carrying away two slaves. All the defendants joined in the plea of not guilty, but severed in their other pleas. Murphy pleaded, secondly, a plea to this effect, to wit: Actio non, because he says the plaintiff’s title and claim to the slaves, if he has any, is derived from and through a pretended deed made by one Jacobs, without consideration, and with intent to defraud his creditors, bearing date the 3d February, 1838 — that Jacobs was permitted to retain…
1Opinion of the CourtGoldthwaite, J.
1. The declaration asserts the slaves were taken by the defendants from the plaintiff’s possession, and several of the special pleas, neither deny or confess, and avoid the cause of action. It may well be questioned if the pleas referred to are not defective for this reason. [Chitty’s PI. 499, 513.] But without stopping so to decide, we shall consider them on the principle asserted by, and common to them all. The pleader deduces the right of some of the defendants, to take the slaves by order of Murphy, and in him to hold and detain them, as the administrator of Jacobs, and in consequence of…
2Cases cited2 opinions
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- Dearman v. RadcliffeSupreme Court of Alabama · 1843
3Cited by8 opinions
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- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Davis v. SwansonSupreme Court of Alabama · 1875
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