Andress v. Broughton
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. JOHN Bragg. Trover by Broughton against Andress. The bill of exceptions first sets out the substance of the evidence, for which see the opinion, and then the charges of the court, in the following language: “ And the court charged the jury, that this request was not such evidence of the waiver of the tort, as to prevent the plaintiff from bringing this action of trover; and the defendant asked the court to charge…
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Error to the Circuit Court of Monroe. Tried before the Hon. JOHN Bragg. Trover by Broughton against Andress. The bill of exceptions first sets out the substance of the evidence, for which see the opinion, and then the charges of the court, in the following language: “ And the court charged the jury, that this request was not such evidence of the waiver of the tort, as to prevent the plaintiff from bringing this action of trover; and the defendant asked the court to charge the jury, that if Broughton agreed to take the money arising from the sale, he cannot maintain this action. But the court…
1Opinion of the CourtPhelan, J.
— This was an action of trover, brought by Broughton against Andress to recover the value of a slave named July.
There was evidence “ tending to prove” that Andress, who *203was sheriff of Monroe from 1848 to 1846, in August of tbe latter year, and a few days after bis term of office bad expired, received an execution in favor of tbe Bank of tbe State of Alabama against tbe plaintiff, and levied it on tbe slave in question, and finally sold bim under it in December, 1846 ; that while Andress bad this execution in band, be was requested by plaintiff to postpone tbe sale twice, that he might obtain…
2Cases cited7 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Vail v. LewisNew York Supreme Court · 1809
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
- Mallory v. StodderSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Agee v. MedlockSupreme Court of Alabama · 1854
- Chamberlain & Co. v. MastersonSupreme Court of Alabama · 1856
- Sammis v. JohnsonSupreme Court of Alabama · 1853
- Bean v. GreenOhio Supreme Court · 1878
- Hollister v. ReznorOhio Supreme Court · 1858