Hadden's Executors v. Powell
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. SanTi Chapman. This was a trial of the right of property in a crop of cor» and cotton, levied on under an attachment for rent sued out by Elizabeth Hadden, the testatrix of the plaintiffs in error, against one Samuel Lewis, and claimed by Powell, the defendant m error. The facts appear in the opinion. 1. The facts clearly show that neither party considered any thing else necessary to a perfection of the contract.
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Error to the Circuit Court of Sumter. Tried before the Hon. SanTi Chapman. This was a trial of the right of property in a crop of cor» and cotton, levied on under an attachment for rent sued out by Elizabeth Hadden, the testatrix of the plaintiffs in error, against one Samuel Lewis, and claimed by Powell, the defendant m error. The facts appear in the opinion. 1. The facts clearly show that neither party considered any thing else necessary to a perfection of the contract. They has! mutual confidence that each would ou a convenient occasion deliver up the papers; hence the delivery of the…
1Opinion of the CourtParsons, J.
This was a trial of tbe right of property between Elizabeth Hadden, (whose executors have succeeded her in the suit,) as plaintiff in attachment against one Lewis, and Powell, the claimant of the property, which was corn and cotton, on which the attachment was levied.
The Circuit Court on the trial admitted proof of the declarations of the defendant in the attachment, which were made late-in August or early in September 1846, while he was in possession of the property levied on, that he had sold the same to* Powell, the claimant. This was the only evidence on the part of the claimant of his…
2Cases cited3 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Dawkins v. GillSupreme Court of Alabama · 1846
3Cited by3 opinions
- Collins v. WhighamSupreme Court of Alabama · 1877
- Simmons v. Fielder & SessionsSupreme Court of Alabama · 1871
- Herzfeld Lumber Co. v. LangleyAlabama Court of Appeals · 1922