Walker v. Gregory
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Wm. S. Mud». This action was brought by Mary Walker, against Terrell Gregory, to recover certain slaves, together with, “twenty head of hogs, one horse, saddle and bridle.” The only plea was the general issue, “with leave to give in evidence-any special matter which might be pleaded in bar.”
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Wm. S. Mud». This action was brought by Mary Walker, against Terrell Gregory, to recover certain slaves, together with, “twenty head of hogs, one horse, saddle and bridle.” The only plea was the general issue, “with leave to give in evidence-any special matter which might be pleaded in bar.” The facts of the case are thus stated in the bill of exceptions: “ The plaintiff proved the value of the slaves sued for, and their hire, and that they were in the defendant’s possession at the commencement of the suit; also, that the slave…
1Opinion of the CourtR. W. Walker, J.
There can be no doubt, that a contract which is made upon consideration of future illicit intercourse between the parties, is illegal and void. The rule includes a settlement on a mistress, equally with a promise of payment for future illicit intercourse. — Ath. on Mar. Set. 390; 27 Law Lib. 202, There was, therefore, no error in the first charge given. — 1 Story Contr. § 541; Ath. on Mai’. Set. 390.
The first charge asked by the plaintiff was rightly refused. The record recites that the testimony conduced to prove that the real consideration of the agreement was future illicit intercourse;…
2Cases cited2 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Edgar v. McArnSupreme Court of Alabama · 1853
3Cited by15 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Ware v. CurrySupreme Court of Alabama · 1880
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
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