Dent v. Smith
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Before the Hon. Thomas A. Walker. The facts of this case, which was a trial of a right of property, may be thus stated: The defendant in error, commenced suit against Charles M. Lewen, and Mary Lewen, executors of Charles Lewen, deceased, and whilst the suit was pending, an ancillary attachment was sued out, and served on the slaves in controversy, and also on other property.
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Error to the Circuit Court of Tuscaloosa. Before the Hon. Thomas A. Walker. The facts of this case, which was a trial of a right of property, may be thus stated: The defendant in error, commenced suit against Charles M. Lewen, and Mary Lewen, executors of Charles Lewen, deceased, and whilst the suit was pending, an ancillary attachment was sued out, and served on the slaves in controversy, and also on other property. The slaves were claimed by the plaintiff in error, as trustee of Elvira Thomas. Judgment having been rendered in favor of the defendant in error, against the executors of Charles…
1Opinion of the CourtDargan, J.
We will first examine, whether the court erred, in sustaining the demurrer to the plea filed by the claimant, setting forth the decree of insolvency of the estate of Charles Lewen, against whose executors the judgment was rendered, on which the execution levied on the slaves, was issued. In the case of Betts v. Taylor, 8 Porter, 564, this court said, that on the trial of the right of property, levied on by execution, the plaintiff need not produce the judgment on which it was issued, nor can the claimant be permitted to litigate its justice, or to show that the defendant in execution was dead…
2Cases cited10 opinions
- Moore v. SpenceSupreme Court of Alabama · 1844
- Miller v. ThompsonSupreme Court of Alabama · 1836
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Cato v. EasleySupreme Court of Alabama · 1829
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3Cited by4 opinions
- Gray v. RaibornSupreme Court of Alabama · 1875
- Seisel & Co. v. Folmar & SonsSupreme Court of Alabama · 1893
- Starnes v. Allen, West & Co.Supreme Court of Alabama · 1877
- Kennedy v. First National BankSupreme Court of Alabama · 1894