Harrell v. Floyd
Supreme Court of Alabama
Error to the Circuit Court of Madison. This was a trial of right of property in four slaves, in which the plaintiff in error was the claimant, and the defendants in error, plaintiffs in execution. The latter obtained, a verdict and judgment.
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Error to the Circuit Court of Madison. This was a trial of right of property in four slaves, in which the plaintiff in error was the claimant, and the defendants in error, plaintiffs in execution. The latter obtained, a verdict and judgment. Pending the Inal, a bill of exceptions was taken, from which it appears that the plaintiff offered in evidence, the writ of fieri facias on which the levy was made, which issued against the claimant as surviving executor of George P. Harrell, deceased, which the defendant moved to exclude from the jury upon the ground, that there was no judgment upon…
1Opinion of the CourtOrmond, J.
The questions presented on the record, are first, the propriety of the judgment of the court refusing to exclude the execution on defendants motion.
Second. The rejection of the witness, Hatton, on the motion of the plaintiff.
Third. The rejection by the court, of the record of the county court, as evidence to the jury.
1. It is settled as the law of this court, that in trials of right of property, a claimant is not permitted to question the validity of the judgment or the regularity of the execution under which .the property is sought to be condemned. Such an inquiry being considered as foreign…
2Cases cited1 opinion
- Bettis v. TaylorSupreme Court of Alabama · 1839
3Cited by6 opinions
- Bradford v. MarburySupreme Court of Alabama · 1847
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Dent v. SmithSupreme Court of Alabama · 1849
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
- Pace, Lavender & Harper v. Lee & Co.Supreme Court of Alabama · 1873
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