Hooper v. Pair
Supreme Court of Alabama
QUESTIONS IN THIS CASE. As to evidence, in cases of the trial of right of property. Rendition of costs against the sureties of a claimant. This was a proceeding in the Circuit Court of Tuskaloosa, for the purpose of trying the right to' certain slaves. The slaves hp.d been levied on, under an execution issued upon a judgment, in favor of William Pair, ¡is of the property of Obadiah Hooper; and were claimed by-John its. Hooper.
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QUESTIONS IN THIS CASE. As to evidence, in cases of the trial of right of property. Rendition of costs against the sureties of a claimant. This was a proceeding in the Circuit Court of Tuskaloosa, for the purpose of trying the right to' certain slaves. The slaves hp.d been levied on, under an execution issued upon a judgment, in favor of William Pair, ¡is of the property of Obadiah Hooper; and were claimed by-John its. Hooper. On the trial, after the plaintiff in execution had closed his testimony, the claimant proposed showing, that the judgment on which the execution had issued in favor of…
1Opinion of the CourtHopkins, J.
The first question presented by the record, in this case, is, has the claimant a right, upon the trial of the right, to property, to prove that the judgment of the plaintiff in execution, had been fraudulently obtained by him? Into the compten-*403cy of such evidence to procure any remedy which the common law or Chancery might have afforded to the claimant, if he hud not resorted to the procedure allowed by the statute law, it is not necessary, now, to inquire.
The statute, under which the issue between the parties was made, directs, that it shall be so formed as to try the right of property; and…
2Cited by7 opinions
- Couthway v. BerghausSupreme Court of Alabama · 1854
- Yarborough v. MossSupreme Court of Alabama · 1846
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Deloach & Wilcoxson v. MyrickSupreme Court of Georgia · 1849
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