Moss v. McCall
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. A WR.it of fieri facias, issued from the circuit court against the goods and chattels, &c. of C. B. Easley, which was levied on a male slave named George, about two years of age.
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Writ of Error to the Circuit Court of Lowndes. A WR.it of fieri facias, issued from the circuit court against the goods and chattels, &c. of C. B. Easley, which was levied on a male slave named George, about two years of age. Thereupon, the defendant in error interposed a claim, and entered into bond with surety, conditioned to try the right of property pursuant to the statute'. The cause was tried by a jury, who returned a verdict for the claimant, and judgment was rendered thereon. On the trial, the plain tiff proved that the defendant in execution had been in possession of the slave in…
1Opinion of the CourtCollier, C. J.
The cases of Cook v. Kennerly, and Bender v. Reynolds, at this term, are decisive of the present, unless the intention that the profits of the property embraced by the deed should be paid over to the defendant in execu-*633lion and his wife, “for their mutual support,” and “joint maintenance,” distinguish them. In Fellows, Wadsworth & Co. v. Tann, by her next friend, et al. 9 Ala. Rep. 999, a father gave to his widowed daughter, “ and the heirs of her body, by deed, a female .slave, who he provided should be under her control and employment, in the most profitable way for the use and support of…
2Cases cited3 opinions
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Fellows, Wadsworth & Co. v. TannSupreme Court of Alabama · 1846
- Spear v. WalkleySupreme Court of Alabama · 1846
3Cited by5 opinions
- Petty v. BootheSupreme Court of Alabama · 1851
- Peake v. YeldellSupreme Court of Alabama · 1850
- Allen v. WhiteSupreme Court of Alabama · 1849
- Johnson's Adm'r v. JohnsonSupreme Court of Alabama · 1858
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864