Byrd v. McDaniel
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Wade Keyes. This bill was filed by Redding Byrd, the appellant, on the 15th September, 1846, against the administrator of Bartlett McDaniel, deceased; and sought to redeem certain slaves, which were conveyed by complainant to said McDaniel, by an instrument of which the following is a copy: “ The State of Alabama, \ Received of B. McDaniel Butler County. /five hundred and twenty dollars and twenty-five cents,…
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Appeal from the Chancery Court of Butler. Heard before the Hon. Wade Keyes. This bill was filed by Redding Byrd, the appellant, on the 15th September, 1846, against the administrator of Bartlett McDaniel, deceased; and sought to redeem certain slaves, which were conveyed by complainant to said McDaniel, by an instrument of which the following is a copy: “ The State of Alabama, \ Received of B. McDaniel Butler County. /five hundred and twenty dollars and twenty-five cents, for four negro slaves, to-wit, one negro woman by the name of Hannah, her child by the name of Cfesar, one negro boy by…
1Opinion of the CourtWalker, J.
—Will the redemption of mortgaged slaves be allowed, where the forfeiture occurred more than six years before the commencement of the suit, and the mortgagee and his representatives have been in con*21tinuous possession from the time of the forfeiture, making no acknowledgment, express or implied, of the mortgagor’s right? The point involved in the question, which is controverted by the counsel, is, whether the possession after the law-day by the mortgagee, in the absence of account of the profits, or other express or implied recognition of the mortgagor’s right, is, of itself, sufficient to…
2Cases cited12 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Boyd v. BeckSupreme Court of Alabama · 1857
- Collins v. TorryNew York Supreme Court · 1810
- Fenwick v. Macey's ExecutorsCourt of Appeals of Kentucky · 1833
- Giles v. BaremoreNew York Court of Chancery · 1821
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3Cited by10 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- State v. ConnerSupreme Court of Alabama · 1881
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Richter v. NollSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.