Glover v. Taylor & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. F. Bugbee. This action was brought by William Taylor & Co., against Robert D. Glover, to recover damages for the breach of a warranty of the soundness of a slave; and was commenced by original attachment, which was sued out on the 21st November, 1859. The attachment was levied by the sheriff, on the 23d November, 1859, on two slaves as the property of the defendant, which were replevied by him on the same…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. F. Bugbee. This action was brought by William Taylor & Co., against Robert D. Glover, to recover damages for the breach of a warranty of the soundness of a slave; and was commenced by original attachment, which was sued out on the 21st November, 1859. The attachment was levied by the sheriff, on the 23d November, 1859, on two slaves as the property of the defendant, which were replevied by him on the same day. The condition of the replevin bond recited the issue and levy of the attachment, and that the slaves attached had been…
1Opinion of the CourtA. J. Walker, C. J.
The surety on a replevin bond, in an attachment suit, was excluded as a witness on the trial of the cause, upon the ground of interest. The bond, which was for the delivery of slaves, was executed in 1859 ; and the trial was had in 1866. At the time of the execution of the bond, the negroes, which the defendant and his surety contracted to deliver, were slaves. We judicially know, that before the trial, the bond being unforfeited, slavery ceased to exist in the State of Alabama, and that a compliance with the bond had become, by the law of the land, alike impossible and illegal. This being…
2Cases cited5 opinions
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- Falls v. WeissingerSupreme Court of Alabama · 1847
- Perry v. HewlettSupreme Court of Alabama · 1837
- Burgess v. SuggSupreme Court of Alabama · 1832
- Morrow v. CampbellSupreme Court of Alabama · 1838
3Cited by7 opinions
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- McCormick v. . CrottsSupreme Court of North Carolina · 1930
- Watson v. SimmonsSupreme Court of Alabama · 1890
- Wilson v. IsbellSupreme Court of Alabama · 1871
- Morgan v. NelsonSupreme Court of Alabama · 1869
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