Simerson v. Branch Bank at Decatur
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Trial of right of property, in which the plaintiff in error was claimant. The bank obtained judgment at the September term, 1845, of Mobile circuit court, against G. Lyon and James W. Roper, upon which a fi. fa. issued, which was levied upon two slaves, Patrick and Miles, as the property of Roper, and a venditioni exponas issued on the 30th October, 1846, directing the sheriff to sell the slaves, when the plaintiff in error interposed…
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Error to the Circuit Court of Mobile. Trial of right of property, in which the plaintiff in error was claimant. The bank obtained judgment at the September term, 1845, of Mobile circuit court, against G. Lyon and James W. Roper, upon which a fi. fa. issued, which was levied upon two slaves, Patrick and Miles, as the property of Roper, and a venditioni exponas issued on the 30th October, 1846, directing the sheriff to sell the slaves, when the plaintiff in error interposed his claim. The plaintiff, to establish his case, gave evidence conducing to prove, that the slaves levied on were in…
1Opinion of the CourtOrmond, J.
The title of the claimants, is a purchase of the slaves in controversy, in March, 1844, upon a sale made upon a decree in chancery, rendered in his favor v. Roper. The title of the bank rests upon a levy made upon the same slaves, in November, 1846, upon an execution issued upon a judgment, obtained in September, 1845. It is evident from this statement, that as these parties derive their title from the same source, that of the claimant being prior in point of time, and of the same grade, with that of the plaintiff, is on its face the better title. Nor does this appear to have been directly…
2Cases cited3 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Bank of Alabama v. M'DadeSupreme Court of Alabama · 1837
3Cited by9 opinions
- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Marshall v. CroomSupreme Court of Alabama · 1877
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