Stewart v. Fowler
Supreme Court of Alabama
Writ of error to the County Court of Morgan. TRESPASS for taking and carrying away a slave. The defendant pleads not guilty, and justification. The plaintiff introduced a deed of trust in evidence, by which jt appeared that Aai’on Perry had' conveyed the slave in controversy, to.
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Writ of error to the County Court of Morgan. TRESPASS for taking and carrying away a slave. The defendant pleads not guilty, and justification. The plaintiff introduced a deed of trust in evidence, by which jt appeared that Aai’on Perry had' conveyed the slave in controversy, to. Malcajah' D. Fowler, in trust to sell; for the, purpose of paying- certain liabilities of Perry,to John Fowler, jfcmes Teague and Francis!M<.,Roby. ' No specific resulting, trust'i¡3 reserved to Perry by the deed. . . The deed was'admitted' tb record on this certificate: , ..,] “Personally'appeared before me, Thomas…
1Opinion of the CourtGoldthwaite, J.
1. The first question raised by the assignment of errors’ is, whether the deed, given in evidence in this case, was properly admittsd to record under the statute' Which requires the registration of deeds of trust within a limited-period.
We think this question is similar to one decided in the case of Bradford v. Dawson & Campbell, 2 Ala. Rep. 203, where we considered that a substantial compliance with the requisitions of the statute, would be sufficient. It is true, that the acknowledgment was of a delivery of the deed to the' cestui’que *631trust, and not to the trustee, who is the grantee…
2Cases cited4 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Pruit v. LowrySupreme Court of Alabama · 1834
- Holman v. ArnettSupreme Court of Alabama · 1836
- McKenzie v. HuntSupreme Court of Alabama · 1834
3Cited by3 opinions
- Burns v. PetersCalifornia Supreme Court · 1936
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Dearing v. WindhamSupreme Court of Alabama · 1847