Acker v. Bender
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Griffin M. Bender, against Mrs. Sarah E. Acker, and was commenced on the 5th January, 1857. The defended pleaded non detinet “in short by consent, with leave to give in evidence any matter that is a bar to the action.”
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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Griffin M. Bender, against Mrs. Sarah E. Acker, and was commenced on the 5th January, 1857. The defended pleaded non detinet “in short by consent, with leave to give in evidence any matter that is a bar to the action.” The slaves in controversy were claimed by the plaintiff under a mortgage executed to him by Mrs. Acker and her husband, dated the 1st August, 1854, which was given to secure the payment of two notes, for over $3,000 each, executed by Mrs. Acker and her husband to said Bender,…
1Opinion of the Court
RICE, 0. J.
Upon a careful examination of this case, as now pi’esented, we think it unnecessary to express our opinion upon many of the questions raised. It is evident that the case was tried and decided in the court below without a due regard to certain well settled principles, some of which we now proceed to state.
The title to personal property may pass by parol. The right or capacity thus to pass it is not destroyed or diminished by the mere fact, that it was acquired by an instrument under seal. A mortgage, although under seal, is a security for the payment of a debt. So far as it conveys…
2Cases cited4 opinions
- Thomason v. DillSupreme Court of Alabama · 1857
- Wallis v. LongSupreme Court of Alabama · 1849
- Young v. FullerSupreme Court of Alabama · 1856
- Morgan v. Smith, Wykoff & NichollSupreme Court of Alabama · 1856
3Cited by13 opinions
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Zirkle v. BallSupreme Court of Alabama · 1911
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Stewart v. CrossSupreme Court of Alabama · 1880
- Frank v. PickensSupreme Court of Alabama · 1881
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