McLane v. Spence
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Trespass vi et armis by the defendant, against the plaintiff in error, for forcibly taking six slaves out of his possession; viz., Mike, Candice, Leah, Adeline, Harriet and Margaret. The declaration charges, the forcible taking of the slaves from the possession of one Miller, to whom they had been hired as the property of the estate of John C. Calhoun, of which the plaintiff was administrator.
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Error to the Circuit Court of Talladega. Trespass vi et armis by the defendant, against the plaintiff in error, for forcibly taking six slaves out of his possession; viz., Mike, Candice, Leah, Adeline, Harriet and Margaret. The declaration charges, the forcible taking of the slaves from the possession of one Miller, to whom they had been hired as the property of the estate of John C. Calhoun, of which the plaintiff was administrator. The defendant pleaded — 1. Not guilty. 2. That as coroner of Talladega county, he seized and sold the slaves, by virtue of two writs oí fieri facias, which…
1Opinion of the CourtOrmond, J.
The slaves in controversy, were sold by the plaintiff in error as coroner, by virtue of an execution against the representatives of the estate of William King,, and the question is, whether they belonged to that estate, or to the estate of J. C. Oalhoun, as the property of which they are now claimed.
Previous to Spence, the defendant in error, becoming the administrator of King, Calhoun, as King’s executor, and by virtue of power derived from the will, had exposed the slaves in controversy with others for sale, and had purchased them himself; but under such circumstances as would have enabled…
2Cases cited1 opinion
- McLane v. SpenceSupreme Court of Alabama · 1844
3Cited by6 opinions
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Garner v. PrewittSupreme Court of Alabama · 1858
- Pinkard v. Allen's Adm'rSupreme Court of Alabama · 1883
- Chamberlain & Co. v. MastersonSupreme Court of Alabama · 1856
- Love v. GrahamSupreme Court of Alabama · 1854
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