McGrew v. Hart
Supreme Court of Alabama
Error from, Marengo Circuit Court — Before the' Hon. H. W. Collier. This ease came before the court on a bill of exceptions, which disclosed the following facts. , On the twenty-ninth day of March, 1830, an execution was issued from th'e office of the clerk of the Circuit Court of Greene county, in favor of Benjamin Hart, against the property of James L. Philips.
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Error from, Marengo Circuit Court — Before the' Hon. H. W. Collier. This ease came before the court on a bill of exceptions, which disclosed the following facts. , On the twenty-ninth day of March, 1830, an execution was issued from th'e office of the clerk of the Circuit Court of Greene county, in favor of Benjamin Hart, against the property of James L. Philips. This execution was levied by the sheriff of Marengo, upon certain negro slaves, as the property of Philips, which slaves were claimed on oath by John C. McGrew, as his own estate, and a bond given to try the right of property. On the…
1Opinion of the Court
By Mr. Chief Justice Lipscomb :
This was an action to try the right of property. /
The property was levied on as the estate of Philips, and claimed by Mr. McGrew. The facts of the case are represented by a bill of exceptions, and in substance are — that an execution issued from the office of the Circuit Court of Greene county, on the twenty-ninth March, 1830, in favor of Hart, against James L. Philips. The execution was levied by the sheriff of Marengo county, on certain slaves, as the property of the said Philips, which were claimed by John C. McGrew as his property. On thé trial of the issue,…
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