Carlos v. Ansley
Supreme Court of Alabama
Writ of Error to the County Court of Macon. A fieri facias was issued from the County Court of Macon, on the 10th of September, 1844, at the suit of the plaintiff in error, against the goods, and chattels, &c. of John Bedell and Thomas M. Robinson ; which writ was levied upon a negro man named Harry, as the property ofRobinson, on the 24th December, 1844, a claim was interposed by the defendant in error, and a bond executed, with surety, to try the right pursuant to the…
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Writ of Error to the County Court of Macon. A fieri facias was issued from the County Court of Macon, on the 10th of September, 1844, at the suit of the plaintiff in error, against the goods, and chattels, &c. of John Bedell and Thomas M. Robinson ; which writ was levied upon a negro man named Harry, as the property ofRobinson, on the 24th December, 1844, a claim was interposed by the defendant in error, and a bond executed, with surety, to try the right pursuant to the statute. An issue being made up as required in such cases, the cause was submitted to a jury, who returned a verdict for the…
1Opinion of the CourtCollier, C. J.
It may well be questioned, whether a mortgage made avowedly for the purpose of securing the mortgagee against advances made in futuro, may not be supported, if it was executed in good faith. [Stover v. Herrington et al. 7 Ala. Rep. 142.] But as this question, though made upon the record, is not presented for revision, we decline considering it.
In Wier v. Davis and Humphries, 4 Ala. Rep. 442, it was held, that an execution against the goods and chattels of a party, could not be so used as to transfer a mere title unaccompanied by the possession; that such a power would be liable to abuse from…
2Cases cited3 opinions
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Wier v. DavisSupreme Court of Alabama · 1842
- Horton v. SmithSupreme Court of Alabama · 1845
3Cited by1 opinion
- Ansley v. CarlosSupreme Court of Alabama · 1846