Prosser v. Henderson
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Teial of right of property, between the defendant in error as claimant, and the plaintiff in error as plaintiff, in an execution against John A. Wicker, which was levied on a negro man named Bob.
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Error to the Circuit Court of Chambers. Teial of right of property, between the defendant in error as claimant, and the plaintiff in error as plaintiff, in an execution against John A. Wicker, which was levied on a negro man named Bob. Upon the trial it appeared in evidence, that about the 27th of October, an execution amounting to about $427, in favor of the Bank at Montgomery, issued against Wicker, and one Brooks as his surety, and was levied on the slave in controversy, then the property of Wicker, who applied to Brooks to aid him in settling it. Wicker furnished about $90, and Brooks the…
1Opinion of the CourtOrmond, J.
The charge of the court appears to us to be entirely unexceptionable. The bona fdes of all the transactions between these parties, commencing with the first loan of money from Brooks to Wicker, down to the purchase by the claimant, werg all left to the jury, and it was only in the event that they found that there was no secret trust in favor of the debtor, Wicker, and that the claimant purchased fair-' ly, in good faith, with his own money, and that he gave a fair price for the slave, purchasing for himself, and without any secret trust in favor of Wicker, that he obtained a good title. The…
2Cited by8 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- American Pamcor, Inc. v. EvansSupreme Court of Alabama · 1972
- Cotten v. RutledgeSupreme Court of Alabama · 1858
- First National Bank v. SmithIndiana Supreme Court · 1898
- Mauldin v. MitchellSupreme Court of Alabama · 1848
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