Ayres v. Moore
Supreme Court of Alabama
William Moore, in 1827, instituted an action of trespass against Ayres, in Jefferson Circuit Court, for taking and conveying away a negro boy, named Tom, which he claimed as his property. Ayres pleaded not guilty, and also, in justification, that he had, as sheriff of Jefferson county, levied on the slave, as tbe property of James B. Moore, by virtue of an execution against him. At the trial at March term, 1828, a verdict was found for the plaintiff for $ 210 damages.
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William Moore, in 1827, instituted an action of trespass against Ayres, in Jefferson Circuit Court, for taking and conveying away a negro boy, named Tom, which he claimed as his property. Ayres pleaded not guilty, and also, in justification, that he had, as sheriff of Jefferson county, levied on the slave, as tbe property of James B. Moore, by virtue of an execution against him. At the trial at March term, 1828, a verdict was found for the plaintiff for $ 210 damages. Ayres took a bill of exceptions, and by writ of error, brought the cause to this Court. The bill of exceptions shews that the…
1Opinion of the Court
By LIPSCOMB, C. J,
It is not material in disposin g *338of this case, that we should notice the many points in de* tail made by the. counsel for the plaintiff in error in his very able and learned argument, embracing a review of our statute of frauds, and its analogy to those of Elizabeth and of Charles. It will be sufficient, for the present to examine a part of the charge of the presiding Judge, as presented by the bill of exceptions. The Judge charged the jury that if “they believed the consideration of the bill of saie was bona fide, and that the same was recorded within six months after the…
2Cases cited3 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Barrow v. PaxtonNew York Supreme Court · 1810
3Cited by6 opinions
- Blocker v. BurnessSupreme Court of Alabama · 1841
- McMahon v. BrownMassachusetts Supreme Judicial Court · 1914
- Coe v. New Jersey Midland Railway Co.New Jersey Court of Chancery · 1879
- Lee v. StigerNew Jersey Court of Chancery · 1879
- Giddy v. ShottsSupreme Court of Alabama · 1926
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