Yarborough v. Moss
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tallapoosa. Claim interposed by Yarborough to certain slaves attached as the property of one Thomas, at the suit of Moss. At the trial, there was evidence conducing to show, the slaves were in the possession of the sheriff when he levied Moss’ attachment, and the plaintiff offered to prove, that the sheriff then held them by virtue of a previous levy, under sundry writs offt. fa. which writs were not produced.
Read the full summary
Writ of Error to the Circuit Court of Tallapoosa. Claim interposed by Yarborough to certain slaves attached as the property of one Thomas, at the suit of Moss. At the trial, there was evidence conducing to show, the slaves were in the possession of the sheriff when he levied Moss’ attachment, and the plaintiff offered to prove, that the sheriff then held them by virtue of a previous levy, under sundry writs offt. fa. which writs were not produced. The court admitted this evidence against the objection of the claimant. The evidence conducing' to show, that when the fi-fas. were levied, the…
1Opinion of the CourtGoldthwaite, J.
1. We think there is error in one of the points ruled by the Circuit Court, and as the judgment will be reversed for this, we shall consider such other questions only as will probably again arise.
The error was in rejecting evidence of what the claimant said in explanation of the delivery of the slaves to the sheriff, under other executions. The court below seems to have considered him as entitled to show, this delivery was coupled with the assertion of title in himself, but only permitted the witness to state the declarations to this effect. It will be seen, the plaintiff had then given the…
2Cases cited9 opinions
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Blevins v. PopeSupreme Court of Alabama · 1845
- Elliott v. MayfieldSupreme Court of Alabama · 1842
- Bissell v. SpencerSupreme Court of Connecticut · 1832
- Jones v. ScottSupreme Court of Alabama · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Easly v. DyeSupreme Court of Alabama · 1848
- Waters v. SpencerSupreme Court of Alabama · 1853
- Havis v. TaylorSupreme Court of Alabama · 1848
9 more not listed; retrieve them via the Exa API.