Fournier v. Curry
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Detinue for a slave by the defendant in error against the plaintiff in error. From a bill of exceptions taken pending the trial, it appeared that the defendant was the agent of one James S. Duval [of of'Pennsylvania — that the slave sued for was purchased on the 17th February, 1834, by William B. Duval, son of James S. Duval, that the bill of sale was taken in the name of James S. and the purchase money paid by him, and that after the…
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Error to the Circuit Court of Marengo. Detinue for a slave by the defendant in error against the plaintiff in error. From a bill of exceptions taken pending the trial, it appeared that the defendant was the agent of one James S. Duval [of of'Pennsylvania — that the slave sued for was purchased on the 17th February, 1834, by William B. Duval, son of James S. Duval, that the bill of sale was taken in the name of James S. and the purchase money paid by him, and that after the purchase the negro was placed on the plantation of James S. in Marengo county, where William B. resided. It was also…
1Opinion of the CourtOrmond, J.
In the case of Boren v. McGee, [6 Porter, 432,] we expressed the opinion, that the sheriff had no power to pay a judgment and keep the execution open for his own benefit. That the defendant in execution could not deal on equal terms with him, armed as he is with the coercive power of the law, and that therefore such a traffic was forbidden by public policy, and that such payment, so far as it related to the defendant in execution, was a discharge of the judgment, who had the undoubted right to arrest the process and stop its execution. The point was distinctly presented on the record and…
2Cases cited2 opinions
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Boren v. M'GeheeSupreme Court of Alabama · 1838
3Cited by8 opinions
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Hubbert v. McCollumSupreme Court of Alabama · 1844
- Brevard's Executors v. JonesSupreme Court of Alabama · 1874
- Mooney v. ParkerSupreme Court of Alabama · 1851
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
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