Dubose v. Young
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Detinue by the defendants in error for a slave, before the Hon. Geo. Goldthwaite.
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Error to the Circuit Court of Marengo. Detinue by the defendants in error for a slave, before the Hon. Geo. Goldthwaite. The questions of law arise out of a bill of exceptions, from which it appears that the plaintiffs claimed title to the slave sued for, as trustees in a deed executed by Samuel D. Carter ■of the first part, the plaintiffs as trustees of the second part, and John B. Cook, creditor, of the third part, and is dated the 3d October, 1838. The deed recites that sundry individuals of South Alabama have recently associated themselves together under the name and style of the Farmers’…
1Opinion of the Court
COLLIER, C. J.'
The first question to which our attention is invited, is, whether the deed of trust under which the *144plaintiffs claim, was shown to be supported by a sufficient consideration to entitle them to recover of the defendant, who was a purchaser at a sheriff’s sale, in virtue of an execution against the estate of the grantor ? As between the parties to the deed, or the notes it professes to secure, it is admitted that they import a consideration, but as it respects the defendant, it is insistedi that they are res inter alios, and consequently inoperative without the aid of extrinsic…
2Cases cited4 opinions
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
- McCain v. WoodSupreme Court of Alabama · 1842
- Goodgame v. Cole & Co.Supreme Court of Alabama · 1847
- Doe ex dem. McGintry v. ReevesSupreme Court of Alabama · 1846
3Cited by8 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- Lawson v. Alabama Warehouse Co.Supreme Court of Alabama · 1882
- Upson v. RaifordSupreme Court of Alabama · 1856
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Nelson v. BoeSupreme Court of Alabama · 1933
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