Echols v. Derrick
Supreme Court of Alabama
William Derrick brought an action of trover in Madison Circuit Court, against William Echols, to recover the value of a slave named Lewis. At the spring term, 1827, of the Court, on the plea of not guilty, a verdict and judgment were rendered for the plaintiff, for $543 42, damages.
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William Derrick brought an action of trover in Madison Circuit Court, against William Echols, to recover the value of a slave named Lewis. At the spring term, 1827, of the Court, on the plea of not guilty, a verdict and judgment were rendered for the plaintiff, for $543 42, damages. By abill of exceptions taken by the defendant at the trial below, the facts proven appear to have been as follows: One William Fleming, sold and delivered to one David Royster, certain slaves, among whom was one named Jim; and to secure the payment of the purchase money, Royster executed a.deed of trust of the…
1Opinion of the Court
By JUDGE WHITE.
The first inquiry is, whether Derrick, by purchasing the boy- Jim of Royster, without actual notice of Fleming’s lien, -acquired such a title as to render it useless, and therefore prejudicial to Royster’s creditors, for Roundtree to execute the trust in the deeds to him, by the sale of Lewis for the indemnity of Derrick? If this were the case, Fleming’s rights would have been prejudiced without any default on his part. He certainly was authorized to take the deed with the condition it contained, and to permit the property to remain with Royster; nor could it be expected that…
2Cited by3 opinions
- Foster v. GoreeSupreme Court of Alabama · 1843
- Williams v. HatchSupreme Court of Alabama · 1862
- Beebe v. De BaunSupreme Court of Arkansas · 1848