Brown v. Lipscomb
Supreme Court of Alabama
Error to Marengo Circuit court. Detinue — tried before Chapman, J» Brown mortgaged a negro to one Pistole, in eighteen hundred and twenty-nine, for five hundred dollars, to be paid ,in three years. The money was not paid, and in eighteen hundred and thirty-two, Pistole assigned the mortgage to one Calpe.
Read the full summary
Error to Marengo Circuit court. Detinue — tried before Chapman, J» Brown mortgaged a negro to one Pistole, in eighteen hundred and twenty-nine, for five hundred dollars, to be paid ,in three years. The money was not paid, and in eighteen hundred and thirty-two, Pistole assigned the mortgage to one Calpe. Calpe executed a deed of trust pf the negro, in eighteen hundred and thirty-four, to Nathan Lipscomb, as trustee, to secure the payment of ,a sum of money to the firm of William C. Lipscomb & Co., with power to sell the slave, and pay W. C. Lipscomb & Co., and if there was money arising from…
1Opinion of the CourtGoldthwaitb, J.
Three points have been made by the counsel for the plaintiff in error, which, he insists, *474are warranted by the evidence stated in, the bill of exceptions.
1. That as the value of the services of the slave, while in the possession of the mortgagee and his assignee, was shown to amount to more than the principal and interest of the mortgage debt, it was extinguished by operation of law. The title, therefore, re-vested in the mortgagor, and he was entitled to re-take and retain the slave, against the mortgagee and his assignees.
2. That the sale under the trust deed, having been made when the…
2Cases cited4 opinions
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Jackson ex dem. Jadwin v. JoyNew York Supreme Court · 1812
3Cited by20 opinions
- State ex rel. Dawson v. AkersSupreme Court of Kansas · 1914
- Cain v. GimonSupreme Court of Alabama · 1860
- Foster v. GoreeSupreme Court of Alabama · 1843
- Dryer v. LewisSupreme Court of Alabama · 1877
- Frank v. PickensSupreme Court of Alabama · 1881
15 more not listed; retrieve them via the Exa API.