Brown v. Isbell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This action was commenced by original attachment at the suit of the defendant in error, against the plaintiff as a nonresident debtor, which was levied on a wagon and gear. Afterwards an ancillary attachment was issued and levied on three slaves, particularly described in the return.
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Writ of Error to the Circuit Court of Talladega. This action was commenced by original attachment at the suit of the defendant in error, against the plaintiff as a nonresident debtor, which was levied on a wagon and gear. Afterwards an ancillary attachment was issued and levied on three slaves, particularly described in the return. The first count of the declaration is upon a writing set out according to its tenor as follows, viz: “For value received, I transfer and indorse to James Isbell, to be first paid out of the proceeds of the sale of the lands and mills which the Longs bought from me…
1Opinion of the CourtCollier, C. J.
The first count of the declaration is at least substantially sufficient. It professes to set out the contract of the parties according to its tenor. This contract.may be thus briefly stated: the defendant, by his attorney in fact, assigns to the plaintiff a bill single previously made by third persons, of which he (defendant) was the payee, the consideration of which was certain lands and mills purchased by the obligors of the defendant. At the time of the assignment, a bill was pending'in the court of chancery at Talladega for the enforcement of the . equitable lien on the lands and mills,…
2Cases cited1 opinion
- Ansley v. CarlosSupreme Court of Alabama · 1846
3Cited by14 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
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