Hinton v. Nelms
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. G. Goldth waite. Detinue by defendant in error, who was the plaintiff below, against Hinton, to recover three negro slaves. A verdict and judgment was rendered for the slaves, or their alternate value, to reverse which Hinton brings the case to this court. • The facts appear from a bill of exceptions in the cause, taken upon the trial.
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Error to the Circuit Court of Perry. Before the Hon. G. Goldth waite. Detinue by defendant in error, who was the plaintiff below, against Hinton, to recover three negro slaves. A verdict and judgment was rendered for the slaves, or their alternate value, to reverse which Hinton brings the case to this court. • The facts appear from a bill of exceptions in the cause, taken upon the trial. The plaintiff below claimed title to the slaves in suit, under a bill of sale from one Caldwell, dated 17th October, 1845, which after reciting the receipt of $300, in full payment for the slaves, states, “…
1Opinion of the CourtChilton, J.
The main question involved in this case is, whether the sale from Caldwell to the plaintiff below, can be sustained, or whether it amounts to a transfer of a chose in action, and is therefore void. The question is one of importance, as frequently connecting itself with the business transactions of the community, and has received a careful investigation. It appears, both from the bill of sale, and the proof, that at the time of the conveyance from Caldwell *227to Nelms, (the plaintiff below,) the slaves conveyed were in the possession of the defendant, who claimed them as his own. The defendant…
2Cases cited11 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
- Sims v. CanfieldSupreme Court of Alabama · 1841
- Coolidge v. RugglesMassachusetts Supreme Judicial Court · 1819
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3Cited by10 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Brown v. CockerellSupreme Court of Alabama · 1858
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Farley v. SmithSupreme Court of Alabama · 1863
5 more not listed; retrieve them via the Exa API.