Hooper v. Edwards
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. John J. Woodward. Thus was a trial of the right of property In .two slaves, levied on under am execution in favor of the plaintiff .in error against one Bryant S. Matsgham, and claimed by the defendant in error. The plaintiff having made out a prima facia case, and shown that his debt existed before and at the time the claimant acquired his title to the slaves, the claimant proved that on the 24th Nov.
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Error to the Circuit Court of Russell. Tried before the Hon. John J. Woodward. Thus was a trial of the right of property In .two slaves, levied on under am execution in favor of the plaintiff .in error against one Bryant S. Matsgham, and claimed by the defendant in error. The plaintiff having made out a prima facia case, and shown that his debt existed before and at the time the claimant acquired his title to the slaves, the claimant proved that on the 24th Nov. IS48, and for some time before and after that date, he was deputy-sheriff of Russell county and as such had in his hands sundry…
1Opinion of the CourtChilton, J.
The judgment in this case cannot be sustained. The court committed a manifest error in permitting the statement of Mangham, the defendant in the attachment, to go in evidence as proof of the consideration of the sale and transfer of the title to the slaves from him to Edwards. It is well settled that in a controversy between a creditor and one who claims to be a purchaser from his debtor, to subject the property of the latter to the payment of his debt, the purchaser must show a valuable consideration for his purchase, and that this cannot be *283done by the admissions of the debtor, either in…
2Cases cited3 opinions
- Foster v. GoreeSupreme Court of Alabama · 1843
- Brown v. LipscombSupreme Court of Alabama · 1839
- Berry v. HardmanSupreme Court of Alabama · 1847
3Cited by11 opinions
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Morris v. StateIndiana Supreme Court · 1869
- Tucker v. WestSupreme Court of Arkansas · 1874
- Flanagan v. Meyer & Co.Supreme Court of Alabama · 1867
- Evans v. KittrellSupreme Court of Alabama · 1859
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