Sims v. Canfield
Supreme Court of Alabama
Writ of error to the Court of Chancery of the Third District of the Southern Division. Bill to redeem a slave mortgaged by the complainant Sims to the defendant’s testator. The bill charges, that the complainant, in June, 1829, borrowed one hundred and sixty dollars from the defendant’s testators which was to be paid at a certain period, which is left blank in the bill.
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Writ of error to the Court of Chancery of the Third District of the Southern Division. Bill to redeem a slave mortgaged by the complainant Sims to the defendant’s testator. The bill charges, that the complainant, in June, 1829, borrowed one hundred and sixty dollars from the defendant’s testators which was to be paid at a certain period, which is left blank in the bill. A bill of sale, absolute in its terms, was executed by the complainant; but, as he charges, it was understood by both (parties to be intended merely as a mortgage to secure the payment of the borrowed sum-; and the slave was…
1Opinion of the CourtGoldthwaite, J.
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1. There is no difficulty in arrivirig at a satisfactory conclusion on the first point presented by the argument in this case, either upon the facts, or the law which should govern them.
The testimony of the subscribing witness to the bill of sale, is clear and distinct that it was intended and represented as a mortgage, though absolute in its terms. The mortgagor, doubtless, was ignorant of the rules by which Courts of equity control contracts of this description; and considered himself entitled to hold the slave as his own after .the default. The fact that it was a mortgage, is also shown…
2Cases cited4 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Humphres v. TerrellSupreme Court of Alabama · 1840
- Williams v. MurphySupreme Court of Alabama · 1834
- Burford v. CunninghamSupreme Court of Alabama · 1835
3Cited by19 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Boyd v. BeckSupreme Court of Alabama · 1857
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Dryer v. LewisSupreme Court of Alabama · 1877
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