Curry v. Davis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Henry. Tried before Hon. J. McCaleB Wiley. One of the appellees, John N. Davis, purchased from the appellant certain slaves, in 1863, and after the emancipation proclamation of the president df the United States. For these slaves, Davis executed several promissory notes, some of which fell due after the war.
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Appeal from tbe Circuit Court of Henry. Tried before Hon. J. McCaleB Wiley. One of the appellees, John N. Davis, purchased from the appellant certain slaves, in 1863, and after the emancipation proclamation of the president df the United States. For these slaves, Davis executed several promissory notes, some of which fell due after the war. In 1866, Davis was sued upon some of these notes, and while said suits were pending, “ Davis was informed that the supreme coart had decided that notes given for the purchase of slaves could be recovered on, and was advised if he could compromise the…
1Opinion of the Court
PECK; O. J.
The notes, the subject-matter of the compromise, made the 28th day of February, in the year 1867, were valid notes, and sustained by a legal consideration. They were notes given on the sale of slaves made by the plaintiff to the defendant, John N. Davis, in this State, in the year 1863.
The decision in the case of McElvain v. Mudd, Adm’r, at this term, is decisive of this question. It holds that notes made in consideration of slaves, sold in good faith, between the 1st day of January, 1863, the date of the president’s proclamation, commonly known as the emancipation proclamation,…
2Cited by4 opinions
- Swem v. GreenSupreme Court of Colorado · 1886
- Dawley v. Dawley's EstateSupreme Court of Colorado · 1915
- Lee v. SimsSupreme Court of Alabama · 1880
- Bozeman v. RushingSupreme Court of Alabama · 1874