Legal Opinion

Brock v. Headen

Supreme Court of Alabama

Decided January 15, 1848PublishedCited by 9 opinions

Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. The defendant in error, who was the plaintiff below, sued Brock in an action of detinue, to recover a carryall and horse, alledged to have been unlawfully detained from him.

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Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. The defendant in error, who was the plaintiff below, sued Brock in an action of detinue, to recover a carryall and horse, alledged to have been unlawfully detained from him. The declaration contains two counts — the first an ordinary count upon a bailment; the second count avers, “ that the defendant, on the day and year aforesaid, &6., was indebted to the said plaintiff in the sum of two hundred and twenty-five dollars, for goods, wares and merchandize, sold and delivered by the plaintiff to the defendant, at his request, to…

1Opinion of the Court

CHILTON, J.'

1. The circuit court did not err in permitting the trust deed to be read in evidence to the jury. It was not read upon the certificate of registration. This would not be proper in any case, as our statute authorizing deeds properly recorded to be evidence without further proof of execution, applies to absolute deeds, and not conveyances of this description. Bradford v. Dawson & Campbell, 2 Ala. Rep. 203; Desha & Sheppard v. Scales, 6 Ala. Rep. 356.

The certificate of the probate of the deed is not in conformity to the statute. Clay’s Dig. 152, § 7. This requires that the witness…

2Cases cited3 opinions

  1. Bradford v. DawsonSupreme Court of Alabama · 1841
  2. Marriott v. GivensSupreme Court of Alabama · 1845
  3. Desha, Sheppard & Co. v. ScalesSupreme Court of Alabama · 1844

3Cited by9 opinions

  1. Herbert v. HanrickSupreme Court of Alabama · 1849
  2. Zadek v. BurnettSupreme Court of Alabama · 1912
  3. Jacoway v. GaultSupreme Court of Arkansas · 1859
  4. Edwards v. McKernanMichigan Supreme Court · 1885
  5. Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1930

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