Murphy v. Barefield
Supreme Court of Alabama
Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. The original bill in this case was filed by Sarah Murphy against Joseph Barefield, and alleged the following facts: That on the 2d day of January, 1848, one Duncan W. Murphy, being in possession of two slaves (Bill and Suckey), and being indebted to Mrs. Nancy Harris in the sum of §2,297 60, mortgaged said slaves to her to secure said debt) and a copy of the mortgage, marked “ exhibit A”, is appended…
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Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. The original bill in this case was filed by Sarah Murphy against Joseph Barefield, and alleged the following facts: That on the 2d day of January, 1848, one Duncan W. Murphy, being in possession of two slaves (Bill and Suckey), and being indebted to Mrs. Nancy Harris in the sum of §2,297 60, mortgaged said slaves to her to secure said debt) and a copy of the mortgage, marked “ exhibit A”, is appended to the bill; that Mrs. Harris took possession under the mortgage of two of the slaves conveyed (Rachel and Tom), and…
1Opinion of the CourtRice, J.
The legal effect of the deed, set forth in exhibit A to the original bill, is, that the transaction between the parties to it, evidenced by its terms, was not a mortgage, but a conditional sale of the slaves by Duncan W. Murphy to Nancy Harris, with the right to re-purchase any or all of them within twelve months from its date, by paying within that period the respective values or prices fixed on them in the deed. — Bogan v. Martin, 8 Ala. 807; McKinstry v. Conly, 12 ib. 678; Goodman v. Grierson, 2 Ball & Beatty’s Ch. R. 274 ; Conway v. Alexander, 7 Cranch’s R. 237; 1 Powell on Mortgages,…
2Cases cited3 opinions
- McLeod v. PoweSupreme Court of Alabama · 1847
- Bogan v. MartinSupreme Court of Alabama · 1845
- Pinkard v. IngersolSupreme Court of Alabama · 1847
3Cited by8 opinions
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