Bissell v. Lindsay
Supreme Court of Alabama
Appeal from a decretal order of the Court of Chancery for the 19th District The case made by the bill is this: In 1814, at Charleston, South Carolina, Thomas Bennett,the elder, made his last-will, whereby he devised a lot of land, situate in Charleston, and bequeathed two slaves, as well as $3,000 in money, to Thomas Bennett, the younger, in trust, that the rents and uses of the lot, wages and labor of the slaves, and the interest, avails and produce of the money, should go…
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Appeal from a decretal order of the Court of Chancery for the 19th District The case made by the bill is this: In 1814, at Charleston, South Carolina, Thomas Bennett,the elder, made his last-will, whereby he devised a lot of land, situate in Charleston, and bequeathed two slaves, as well as $3,000 in money, to Thomas Bennett, the younger, in trust, that the rents and uses of the lot, wages and labor of the slaves, and the interest, avails and produce of the money, should go to, and be allowed to, and for the support and benfit of John S. Bennett and his wife, jointly, during their lives; and…
1Opinion of the CourtGoldthwaite, J.
1. The only title disclosed by the complainants to the slaves, the levy upon which is sought to be prevented by this bill, is a mere legal one, whatever may be its intrinsic value, against the execution creditor. As such, it is not the subject of examination in a court of equity, unless by reason of some particular circumstances, which prevent a court of law from giving adequate compensation in damages. [Story’s Eq. § 709.] No such circumstances are set out in the bill, and the general question presented by it is, whether a court of equity will interfere to prevent a levy, upon the assertion…
2Cases cited1 opinion
- Marriott v. GivensSupreme Court of Alabama · 1845
3Cited by2 opinions
- Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.Supreme Court of Alabama · 1903
- Governor v. GibsonSupreme Court of Alabama · 1848