Durden v. McWilliams
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before tbe lion. Robert Dougherty. This suit was a trial of tbe right of property in a slave, between A. 3L McWilliams, plaintiff in execution against W. L. Durden, and Mrs. Gilly Durden, wbo was tbe mother of said defendant in execution, as claimant.
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Appeal from the Circuit Court of Autauga. Tried before tbe lion. Robert Dougherty. This suit was a trial of tbe right of property in a slave, between A. 3L McWilliams, plaintiff in execution against W. L. Durden, and Mrs. Gilly Durden, wbo was tbe mother of said defendant in execution, as claimant. Tbe plaintiff’s judgments were rendered on tbe 14th April, 1854, and were founded on several promissory notes executed by said W. L. Durden, dated December 27, 1850, Jan. 21, 1852, Feb. 17, 1858, and Feb. 27, 1854. It-appeared that tbe claimant, about Christmas, 1849, divided out her slaves among…
1Opinion of the CourtWalken, J.
— The decision of the majority of this court, in the case of Carew v. Love’s Adm’r, at the present term, bolds, that three years possession, under a loan, does not render the chattels so possessed liable to the debts of the bailee, created before the expiration of the three years possession. This decision is decisive of the question arising upon the charge given by the court. The charge was erroneous, because it authorized the subjection of the slave to the payment of the bailee’s debts created before the expiration of the three years possession, upon the mere ground of that possession.
The…
2Cited by7 opinions
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- Butler v. JonesSupreme Court of Alabama · 1886
- Hill v. RentzSupreme Court of Alabama · 1918
- Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
- Mathis v. ThurmanSupreme Court of Alabama · 1904
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