Cotten v. Thompson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Nat. Cook. Trial op the right op property in a slave named Bill, between tbe appellee, as plaintiff in execution, and tbe appellant, as claimant.
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Nat. Cook. Trial op the right op property in a slave named Bill, between tbe appellee, as plaintiff in execution, and tbe appellant, as claimant. Tbe plaintiff’s execution was levied on the slave, with others, on tbe 12th December, 1848, as the property of Solomon Spence, tbe defendant in execution ; and tbe claimant derived title under a deed of trust executed to him, as trustee, by said Spence, on tbe 16th July, 1846. At tbe time of tbe levy of plaintiff’s execution, the slave was in the possession of one Joseph N. Savery,…
1Opinion of the CourtLigon, J.
The questions to be settled here arise out of the two affirmative charges of the court, as no objection, in the court below, to the admission of evidence, was raised by either party.
1. The first charge given by the court is clearly erroneous. If the fullest effect is given to the proof relating to the possession of Savery, it is not adverse to Spence, except as to an interest of one half in the slave in controversy. If all that Savery claims is allowed him, he held the slaves both for himself and Spence, at no time questioning the title of the latter to an undivided one half interest in them.…
2Cases cited2 opinions
- Costillo v. ThompsonSupreme Court of Alabama · 1846
- Otey v. MooreSupreme Court of Alabama · 1850
3Cited by3 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Robinson v. Lehman, Durr & Co.Supreme Court of Alabama · 1882