O'Conner v. Youngblood
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the , Hon. Nathan Cook. that the sale was void, and cited Guerant v. Anderson, 4 Rand. 208; Knight v. Leak, 2 Dev. & Bat. 133; Bunts v. Cole, 7 Blackf. 266; Nes-bitt v. Dallam, 7 Gill & J. 494 ; Jones v. Caswell, 3 Johns. Cas. 29 ; Pillsbury v. Smith, 25 Maine, 427; Mellville, 15' Mass. 82; Sheppard v. Simpson, 1 Dev. 237; Hurst & Shipp v. Weathers, 15 Ala. Rep. 417.
1Opinion of the CourtParsons, J.
This was an action of detinue, brought by the plaintiff in error against the defendant to recover a slave. There was a verdict and judgment for the defendant. The plaintiff took a bill of exceptions on the trial, by which it appears that the slave was sold by a constable, under several executions issued .by a justice of the peace, against the property of the plaintiff. It appears that the executions, the levy and sale were regular; that several years previously the plaintiff and his wife intermarried, at which time she was in possession of said slave; that at the time of the sale, the…
2Cases cited2 opinions
- Guerrant v. AndersonCourt of Appeals of Virginia · 1826
- Pillsbury v. SmythSupreme Judicial Court of Maine · 1845
3Cited by1 opinion
- Rogers v. BradfordTexas Supreme Court · 1882