Barnes v. Peck
Supreme Court of Alabama
Error from Greene Circuit Cowr£ — Before the. Hon. H. W. Collier. „ This was a debt on a penal bend. Michael Kinnard, Frederick Peck, and George Seaton, made their bond to Pitkin Barnes^ which, after reciting in the condition thereof, that the said Kinnard had entered'into certain mortgages of sundry slaves to the said Barnes — stipulated, that if Kinnard should well and truly deliver to said Barnes, the negroes mentioned in said mortgages, together with reasonable wages for…
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Error from Greene Circuit Cowr£ — Before the. Hon. H. W. Collier. „ This was a debt on a penal bend. Michael Kinnard, Frederick Peck, and George Seaton, made their bond to Pitkin Barnes^ which, after reciting in the condition thereof, that the said Kinnard had entered'into certain mortgages of sundry slaves to the said Barnes — stipulated, that if Kinnard should well and truly deliver to said Barnes, the negroes mentioned in said mortgages, together with reasonable wages for their hire, until, the mortgages - should be foreclosed by bill in equity, (provided equity should decree the property…
1Opinion of the Court
By Mr. Justice Thornton :.
This was an action of debt, brought by the plaintiff in error upon a penal bond, executed by the defendants George Sea-' ton and Michael Kinnard, to the plaintiff, for the penal sum of four thousand dollars, which bond contained the following condition, viz : “ Now, the condition of the above obligation is such, that whereas the above bounden Michael Kinnard did, on the 18th September, 1820, make and deliver unto said Pitkin Barnes, a mortgage for the following negroes, (naming them,) which negroes were mortgaged to the said Barnes, for and in consideration of twelve…
2Cited by1 opinion
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