Marsh's Adm'r v. Elsworth
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard-before the Hon. Wade Keyes. The original bill in this case was filed on the 19th March,., 1853, by James Hinter, as the administrator of Samuel B. Marsh,"deceased, against George Elsworth; andanamendedl bill was afterwards filed,- to which F. G. Kimball; as the-administrator of Mrs. Julia D. Marsh, who was the widow of said Samuel B. Marsh, was made a defendant.
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Appeal from the Chancery Court of Mobile. Heard-before the Hon. Wade Keyes. The original bill in this case was filed on the 19th March,., 1853, by James Hinter, as the administrator of Samuel B. Marsh,"deceased, against George Elsworth; andanamendedl bill was afterwards filed,- to which F. G. Kimball; as the-administrator of Mrs. Julia D. Marsh, who was the widow of said Samuel B. Marsh, was made a defendant. The object of the bill was to enforce a statutory lien on a slave, named Lizzie, who had been, sold by the plaintiff, in Mississippi, under an order of the probate court of Carroll…
1Opinion of the CourtStone, J.
The statute of the State of Mississippi, copied into the bill, preserves only a statute lien .on property Bold as this was. At does not prevent the title from passing to the purchaser, Such lien being .only one of the incidents given by the ]aw, .it results that, as against a purchaser, who, in good faith, acquires title within another jurisdiction-,- such lieu can have no binding operation ip the new jurisdiction. —See Donald v. Hewitt, and authorities cited, 33 Ala. 534, 545-6...Decree.of the chancellor affirmed,
2Cases cited1 opinion
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
3Cited by6 opinions
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- J. T. Fargason Co. v. FurstCourt of Appeals for the Eighth Circuit · 1923
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1914
- Northeast Missouri Electric Power Cooperative v. Eddingfield (In Re Eddingfield)United States Bankruptcy Court, C.D. Illinois · 1986
- Driver v. J. T. Fargason Co.Court of Appeals for the Eighth Circuit · 1923
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