Eiland v. Radford
Supreme Court of Alabama
Error to the Chancery Court at Cahawba. The bill was filed by the intestate of the plaintiff in error, in 1836, and charges, that in 1827, or 1828, he was under the necessity of raising money, and applied to the defendant, who offered to let him have $450, the amount wanted, provided the complainant would give him a lien on a negro man, by the name of Uriah.
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Error to the Chancery Court at Cahawba. The bill was filed by the intestate of the plaintiff in error, in 1836, and charges, that in 1827, or 1828, he was under the necessity of raising money, and applied to the defendant, who offered to let him have $450, the amount wanted, provided the complainant would give him a lien on a negro man, by the name of Uriah. That accordingly, the defendant received the slave and paid him the money, taking a bill of sale, for the slave, and executing at the same time a defeasance to return the slave, if the money was repaid in twelve months. That the intention…
1Opinion of the CourtOrmond, J.
— The bill is filed for the purpose of redeeming a slave, alledged to have been mortgaged by the complainant’s intestate, to the defendant, and for an account. It is not alledged, that there was a technical mortgage executed between the parties, but it is insisted, that the bill of sale, considered in connection with the defeasance, establishes, that the transaction was either a pledge of the slaves, or a mortgage, as it shows, that there was a right to redeem, and that such was the intention of the parties.
The answer denies all the material allegations of the bill, and insists, that it was…
2Cited by26 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Corley v. VizardSupreme Court of Alabama · 1919
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- Knaus v. DreherSupreme Court of Alabama · 1887
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