Gayle v. Bancroft
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Certain slaves were levied on by the sheriff of Mobile county under an execution in favor of George Bancroft, the intestate of the defendant in error, against Phillips Gayle, William Bower and Duke Goodman, to which a claim was interposed by Richard W. Gayle and bond given by A. J. Gayle, John Gayle and Daniel M. Riggs.
Read the full summary
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Certain slaves were levied on by the sheriff of Mobile county under an execution in favor of George Bancroft, the intestate of the defendant in error, against Phillips Gayle, William Bower and Duke Goodman, to which a claim was interposed by Richard W. Gayle and bond given by A. J. Gayle, John Gayle and Daniel M. Riggs. An issue was thereupon made up to try the right of property and after several continuances a judgment of condemnation was entered in the Circuit Court against the claimant and all the parties to the claim…
1Opinion of the CourtChilton, J.
We may concede for the purpose of this decision that John Gayle, named in the bond and the agreement set forth in the judgment entry, and J. Gayle, the attorney who signed the agreement, are the same, yet if the. judgment be against Riggs and is erroneous, it must notwithstanding be reversed.
It is insisted there is no judgment against the sureties of the claimant except for the cost, and that this irregularity can and ought to be rectified here at the cost of the plaintiffs in error. Let us examine this. The record recites, “This day cama the parties by their attorneys, and by agreement of…
2Cases cited2 opinions
- Hughes v. Rhea, Conner & Co.Supreme Court of Alabama · 1840
- Executors of Robertson v. AllenSupreme Court of Alabama · 1849
3Cited by1 opinion
- Gayle v. Bancroft's AdministratorSupreme Court of Alabama · 1853