Foster v. Goree
Supreme Court of Alabama
'Eitaos. to the Circuit Court of Tuskaloosa. Trover, for the conversion of a slave, by the plaintiff against the defendant in error.
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'Eitaos. to the Circuit Court of Tuskaloosa. Trover, for the conversion of a slave, by the plaintiff against the defendant in error. On the trial, it appeared in proof that two persons by the name of Miller & Addison, executed a trust deed, by which the slave in controversy and some others, were conveyed in trust, tosecure the plaintiff and another person, against liability, in consequence of their being the sureties of Miller & Addison, to a debt due in the State Bank, payable by instalments, which deed was duly recorded. The deed provided, that upon a failure to pay either of the…
1Opinion of the CourtOrmond, J.
It can admit of no controversy, that the sale of a chattel by one out of possession, and to which he has the mere right of action, will not confer on the vendee such a title as will enable him to sue for its recovery in his own name. This is the point decided in Goodwyn v. Loyd, [8 Porter 237,] and rests upon the familiar principle, that a chose in action is not assignable at common law. It is equally as clear, that the mere fact that the actual possession is not in the vendor at the time of the sale, does not show that he may not transfer to the vendee, both the right of property, and the…
2Cases cited4 opinions
- Greenleaf v. QueenSupreme Court of the United States · 1828
- Brown v. LipscombSupreme Court of Alabama · 1839
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Echols v. DerrickSupreme Court of Alabama · 1829
3Cited by24 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Boyd v. BeckSupreme Court of Alabama · 1857
- Wood v. LakeSupreme Court of Alabama · 1878
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