Sewall v. Glidden
Supreme Court of Alabama
THE plaintiff in error brought an action of detinue in the Circuit Court of Mobile, for the recovery of two slaves, of the defendant.
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THE plaintiff in error brought an action of detinue in the Circuit Court of Mobile, for the recovery of two slaves, of the defendant. The cause being submitted to the jury they returned a special verdict as follows, viz: “We, the jurors of the jury, find that Lewis Sewall, of the county of Monroe was the owner of the slaves mentioned in the plaintiffs declaration, and that while he was the owner, he executed the deed hereto attached, and marked A; that the acknowledgements were made as is set forth on the said deed, and that the registry took place as is described and entered thereon, that…
1Opinion of the CourtCollier, C. J.
— First. It was argued for the defendants in error that the deed from Lewis Sewali, professing to convey to his son a title to the slaves in controversy is inoperative and void against the defendant, who was a subsequent purchaser without notice ; because the same was not recorded pursuant to law. At the time the deed of gift, under which the plaintiff claims, was executed, the only law providing for the registration of such a writing, was the second section of the statute of frauds. So much of that section as is material to the point, is in these words : — “ And moreover, if any conveyance…
2Cases cited1 opinion
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
3Cited by33 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Fouts v. NanceSupreme Court of Oklahoma · 1916
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