Legal Opinion

Jackson v. Gewin

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 1 opinion

Writ of Error to the Circuit Court of Lawrence, Detinue, by Jackson against Gewin, to recover certain, slaves named in the declaration.

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Writ of Error to the Circuit Court of Lawrence, Detinue, by Jackson against Gewin, to recover certain, slaves named in the declaration. At the trial, on the general issue, the «plaintiff made title to the slaves in controversy, under a deed executed to himy in trust, for the purpose of paying certain debts therein described, by one B. M. Hodges, on the 13th September, 1841, and proved the said slaves were in the possession of Hodges at the time of executing the deed; also that he was the owner of them since 1837, and that the same were in the possession of the defendant immediately previous…

1Opinion of the CourtGoldthwaite, J.

1. We shall first examine the position assumed by the defendant, in which he insists the judgment ought not to be reversed, notwithstanding there may be error in the charge, upon which the cause went to the jury, inasmuch as the proof discloses the slaves have been sold under a venditioni exponas, issued in the claim suit. This circumstance is certainly one of great importance, in the investigation of the respective claims of these parties, but we think it improper now to entertain the question, because no point respecting it, seems to have been made in the court *118below, and it may be, the…

2Cases cited1 opinion

  1. Shehan v. HamptonSupreme Court of Alabama · 1846

3Cited by1 opinion

  1. Erwin, Myers & Co. v. CrowellSupreme Court of Alabama · 1850

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