Hobbs v. Bibb
Supreme Court of Alabama
Thomas Bibb obtained a judgment in the county Court oí Madison county, against John Estell and John Bradley, in February 1827, for $2213 04; on which fa issued the 26th of February 1827, which was levied on the next day on four negroes, besides other effects, as the property of John Estell. On the 2Sth of March the said slaves were¡ claimed by John Hobbs, who made affidavit and gave bond according 1o statute.
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Thomas Bibb obtained a judgment in the county Court oí Madison county, against John Estell and John Bradley, in February 1827, for $2213 04; on which fa issued the 26th of February 1827, which was levied on the next day on four negroes, besides other effects, as the property of John Estell. On the 2Sth of March the said slaves were¡ claimed by John Hobbs, who made affidavit and gave bond according 1o statute. The proceedings were returned lo the Circuit Court of Madison, for the trial of the right of property. At May term 1827, issue was joined, between the plaintiff in execution, and the…
1Opinion of the Court
By CHIEF JUSTICE LIPSCOMB.
On the trial the Judge charged the jury, “That although the sale might *57Lave been bona fide, and the hiring in good faith, and Hobbs actually have received the wages for which they Were hired, y et, as the possession had never been changcd, it was void, and the property was subject to the execution levied on it.” The correctness of this charge we are now called on to consider. The main question presented is not a new one; it has given rise to much discussion, and a great contrariety of decision. It is whether the possession remaining with the vendor,afteran absolute…
2Cited by13 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Borland v. WalkerSupreme Court of Alabama · 1845
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