Legal Opinion

Hamilton v. Russell

Supreme Court of the United States

Decided February 28, 1803PublishedCited by 87 opinions

Error from the circuit court of the district of Columbia sitting at Alexandria. having obtained a judgment against Robert Hamilton, brother of the defendant, ordered the marshall to levy the fieri facias upon sundry goods and chattels in the possession of Robert, the debtor; which was done accordingly; whereupon the present plaintiff, Thomas Hamilton, brought an action of trespass against Russel, claiming the goods by virtue of an absolute bill of sale from his brother…

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Error from the circuit court of the district of Columbia sitting at Alexandria. having obtained a judgment against Robert Hamilton, brother of the defendant, ordered the marshall to levy the fieri facias upon sundry goods and chattels in the possession of Robert, the debtor; which was done accordingly; whereupon the present plaintiff, Thomas Hamilton, brought an action of trespass against Russel, claiming the goods by virtue of an absolute bill of sale from his brother Robert, dated the 4th of January 1800, and acknowledged and recorded in the circuit court of the district of Columbia for the…

1Opinion of the Court

The Chief Justice

delivered the opinion of the court.

On the 4th January, 1800, Robert Hamilton made to Thomas Hamilton an absolute bill of sale for a slave in the bill mentioned, which on the 14th of April, 1801, was acknowledged and recorded in the court of the county in which he resided. The slave continued in possession of the vendor; and some short time after the bill of sale was recorded, an execution on a judgment obtained against the vendor was levied on the slave, and on some other personal property also in possession of the vendor. In July, 1801, Thomas Hamilton, the vendee, brought…

2Cited by87 opinions

  1. Opinion of the Justices to the Senate & House of RepresentativesMassachusetts Supreme Judicial Court · 1781
  2. Huntley v. KingmanSupreme Court of the United States · 1894
  3. Miller v. MarckleIllinois Supreme Court · 1859
  4. State Ex Rel. Freeling v. LyonSupreme Court of Oklahoma · 1917
  5. Sturtevant v. BallardNew York Supreme Court · 1812

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