Ansley v. Carlos
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. This cause was before this court at its last term, (see statement and opinion 8 Ala. Rep. 900,) and appears from the record to have been the trial of the right of property pursuant to the statute.
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Writ of Error to the Circuit Court of Macon. This cause was before this court at its last term, (see statement and opinion 8 Ala. Rep. 900,) and appears from the record to have been the trial of the right of property pursuant to the statute. On the 10th September 1844, a fieri facias was issued from the County Court of Macon at the suit of the defendant in error, against the goods, &c. of John Bedell and Thomas M. Robinson, and on the 24th December thereafter, was levied upon a negro man named Harry, as the property of Robinson. A claim 'was interposed to this slave by the plaintiff in error,…
1Opinion of the CourtOrmond, J.
The counsel for the plaintiff in error contends, that the court erred in the admission of the testimony tending to prove fraud in the constable’s sale, upon the authority of the cases of Creagh & Forwood v. Savage, and *977Costillo & Keho v. Thompson, at this term. In the first of these cases, we held that the purchase by a sheriif at his own sale, was not void, but voidable merely. In the last, the trustee in a deed of trust at a sheriif’s sale, where the trust property, consisting of a house and lot, was levied on, gave notice of the existence of the deed, purchased in the property at a reduced…
2Cases cited3 opinions
- Lawson v. OrearSupreme Court of Alabama · 1845
- Rees v. SmithOhio Supreme Court · 1823
- Carlos v. AnsleySupreme Court of Alabama · 1846
3Cited by9 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Brown v. IsbellSupreme Court of Alabama · 1847
- Noles v. MarableSupreme Court of Alabama · 1874
- Stevenson v. MoodySupreme Court of Alabama · 1887
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