Massey v. Walker
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair. Claim interposed, by G. S. Massey, to a slave levied on by attachment, as the property of John Massey, at the suit of Walker. At the trial, the plaintiff offered to read to the jury, as evidence, the note upon which the attachment was sued out, and at the same time offered to read the writ, declaration and judgment in the suit against John Massey.
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Writ of error to the Circuit Court of St. Clair. Claim interposed, by G. S. Massey, to a slave levied on by attachment, as the property of John Massey, at the suit of Walker. At the trial, the plaintiff offered to read to the jury, as evidence, the note upon which the attachment was sued out, and at the same time offered to read the writ, declaration and judgment in the suit against John Massey. The defendant objected to the evidence, but the court notwithstanding admitted it. The claimant proved the execution of a bill of sale for the slave, dated in October, 1839,. (which was earlier than…
1Opinion of the CourtGoldthwaite, J.
1. We think with the plaintiff’s counsel, that to say one is in debt, is just as much a conclusion as to say that one is embarrassed with debts. From the course this notion of conclusions as distinguished from facts, seems to be taking, it is as well to state that the decisions upon this point, refer to conclusions of law, to be deduced from facts which may or may not exist. Such was the decision in Parker v. Haggerthy, 1 Ala. Rep. 730, where we held, that whether one was or was not a tenant, is a legal conclusion. So in Lawson v. Orear, 7 Ib. 784, it is said, the condition of insolvency is a…
2Cases cited2 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Yarborough v. MossSupreme Court of Alabama · 1846
3Cited by7 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Bynon v. StateSupreme Court of Alabama · 1897
- McKenzie v. Branch BankSupreme Court of Alabama · 1856
- Stanley v. StateSupreme Court of Alabama · 1855
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