Knox v. Fair
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was a trial of the right of property in several slaves, to-wit, a woman by the name of Sarah and her children, levied, upon on the 16th April 1849, under an execution in favor of the plaintiff in error against John B. Taylor, and claimed by the defendant in error.
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Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was a trial of the right of property in several slaves, to-wit, a woman by the name of Sarah and her children, levied, upon on the 16th April 1849, under an execution in favor of the plaintiff in error against John B. Taylor, and claimed by the defendant in error. The facts disclosed by the bill of exceptions are substantially these: The slaves had belonged to Cater & Holt, trustees, previous to 12th Nov. 1S44 — on that day they sold to E. Y. Fair for $1200. The money was handed to Fair by Sarah, who paid it…
1Opinion of the CourtDargan, C. J.
It has been heretofore decided by this court, that if a slave be lent and continue in the possession of the borrower for more than three years, and the lender regain the possession before any creditor obtains a lien upon the slave, it cannot be afterwards subjected to the debts of the borrower on account of such possession. — Maul v. Hays, 12 Ala. 499. It therefore became material to inquire not only whether Taylor had had three years’ possession of the slaves with the consent or permission of the claimant, but also whether that possession continued up to the time that the execution came into…
2Cases cited2 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Maull v. HaysSupreme Court of Alabama · 1847
3Cited by9 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Anderson v. TimberlakeSupreme Court of Alabama · 1896
- Troup v. StateSupreme Court of Alabama · 1909
- Tutwiler v. BurnsSupreme Court of Alabama · 1909
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