Huff v. Cox
Supreme Court of Alabama
This was a case of the trial of the right of property, under the statute, in the Circuit Court of Cherokee. From the record, it appears that a fieri facias, at the suit of the defendant in error against William Hall, was placed in the hands of the sheriff of that county, and was levied on two slaves, viz : a woman named Edy, and a boy named Wiley, as the property of the defendant in execution.
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This was a case of the trial of the right of property, under the statute, in the Circuit Court of Cherokee. From the record, it appears that a fieri facias, at the suit of the defendant in error against William Hall, was placed in the hands of the sheriff of that county, and was levied on two slaves, viz : a woman named Edy, and a boy named Wiley, as the property of the defendant in execution. The plaintiffs in error thereupon made oath, as required by law, that the slaves were thqir property, and executed a bond with surety to try the right. An issue was made up, and submitted to a jury, who…
1Opinion of the CourtCollier, C. J.
1. Although it is said that it was proved, that the defendant in execution, brought with him from South Carolina, and still retained in his possession the slaves in question; yet we are to understand, that the witness only testified that such was the fact; whether it was shown satisfactorily to the jury, was a matter of which they were the exclusive judges. The Court however, in its charge, assumes that this evidence is indisputable; for the jury are informed, that it was sufficient to authorise a verdict in favor of the plaintiff in execution, unless it was over-balanced by the proof adduced…
2Cited by9 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Ward v. AtkinsonColorado Court of Appeals · 1912
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
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