Allen v. Smith
Supreme Court of Alabama
Error to .the Circuit Court of Coosa. Tried before the Hon. Geo. Goldthwaite. Trial oe the right oe property between Jas. B. Smith, plaintiff in execution, and George R. Allen, claimant, to certain slaves levied on as the property of Wm. M. Allen. The plaintiff proved, that Wm. M. Allen bid off the slaves in controversy, Adam and Jane, at an administrator’s sale, in.
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Error to .the Circuit Court of Coosa. Tried before the Hon. Geo. Goldthwaite. Trial oe the right oe property between Jas. B. Smith, plaintiff in execution, and George R. Allen, claimant, to certain slaves levied on as the property of Wm. M. Allen. The plaintiff proved, that Wm. M. Allen bid off the slaves in controversy, Adam and Jane, at an administrator’s sale, in. January, 1846, at the price of $401; .that the claimant, George R. Allen, also bid off at the same sale, property to the amount of several hundred dollars; that Wm. M. Allen, at that time, was a single ‘man, and a man of no…
1Opinion of the Court
PHELAN, J.-
The issue to be tried was, to whom did the slaves, Adam and Jane, belong at the date of the levy? Were they the property of the claimant, George E. Allen, or were they subject to plaintiff’s execution, as the property of Wm. M. Allen?
The witness, Looney, testified, that Wm. M. Allen came to him with the note for $1200, or thereabouts, which is proven to have been the note given to Wilson, the administrator of Waters, for the property bid off at the sale by both Wm. M. and George B. Allen, and requested him, the witness, to sign it, as his (Wm. M. Allen’s,) security, and that he did…
2Cases cited1 opinion
- Smith v. Armistead's Ex'rsSupreme Court of Alabama · 1845
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- Noles v. StateSupreme Court of Alabama · 1855