Carew v. Love's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. Robeet Doughehty. This action was brought by the administrator of Erasmus Love, deceased, against Ebenezer G-. Carew and others, to recover a slave which the defendants had purchased at execution sale ! against one E. I). Jarrett, who held possession under a loan from said Love.
Read the full summary
Appeal from the Circuit Court of Autauga. Tried before the Hon. Robeet Doughehty. This action was brought by the administrator of Erasmus Love, deceased, against Ebenezer G-. Carew and others, to recover a slave which the defendants had purchased at execution sale ! against one E. I). Jarrett, who held possession under a loan from said Love. The bill of exceptions is in these words : “Plaintiff proved title to the slave in himself as administrator, the defendants’ conversion before the commence-, ment of the suit, the value of the slave, &c. Defendants introduced evidence, tending to show…
1DissentWalker, J.
I dissent, from the opinion of my brethren, because I deem it a departure from the effect, and natural and legitimate understanding, if not, from the letter of the previous decisions of this court. — Maull v. Hays, 12 Ala. 499; McCoy v. Odom, 20 Ala. 502; Pharis v. Leachman, 20 Ala. 682; Upson v. Raiford, 29 Ala. 288; Kirksey v. Montgomery, 26 Ala. 172; Knight v. Bell, 22 Ala. 198; Rowan v. Hutchison, 27 Ala. 828.
It is a necessary and admitted sequence from the opinion. of the majority of the court, that the restoration of the property to the lender’s possession, before the creditor *582acquires…
2Cases cited6 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Montgomery's Executors v. KirkseySupreme Court of Alabama · 1855
- Cahuzac & Co. v. SaminiSupreme Court of Alabama · 1856
- McCoy v. OdomSupreme Court of Alabama · 1852
- Knight v. BellSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.