Reid v. Edwards
Supreme Court of Alabama
Error to the Circuit court of Lauderdale. Assumpsit, before Judge Lane. This was an action brought by plaintiff below, on a special agreement, which was in substance this : The defendant held in his hands an execution offi. fa. against one ¡'bonns W. Edwards, in favor of Charles Whitaker, which was levied on a negro boy named Henry, in the possession of the plaintiff, as the property of Thomas W. Edwards.
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Error to the Circuit court of Lauderdale. Assumpsit, before Judge Lane. This was an action brought by plaintiff below, on a special agreement, which was in substance this : The defendant held in his hands an execution offi. fa. against one ¡'bonns W. Edwards, in favor of Charles Whitaker, which was levied on a negro boy named Henry, in the possession of the plaintiff, as the property of Thomas W. Edwards. The defendant agreed, that if plaintiff would pay him the amount of the execution, he would return the boy to him on the bank of the Tennessee river, at Florence ferry. The declaration…
1Opinion of the CourtCollier, C. J.
— The arguments at the bar have presented this case to the court, as if the legality of the contract disclosed in the first count of the declaration, was now open for revision. A slight examination of the state of the pleadings would doubtless have convinced the counsel that they were laboring under a misapprehension. Had the plaintiff have desired to avail himself of the invalidity of that contract, his course was plain — he had only to demur to that part of the declaration. But instead of doing this, he has by his plea, tendered an issue of fact to the entire declaration, and on this issue,…
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