Legal Opinion

Hancock v. Jordan

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 8 opinions

Writ of error to the Circuit Court of Madison. Claim to certain property, to wit: thirty bales of cotton and one gin head, interposed by Jordan to a levy, by virtue of a fi. fa. at the suit of Hancock against one Moore.

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Writ of error to the Circuit Court of Madison. Claim to certain property, to wit: thirty bales of cotton and one gin head, interposed by Jordan to a levy, by virtue of a fi. fa. at the suit of Hancock against one Moore. At the trial the claimant gave in evidence a deed from Moore, conveying certain lands and slaves to him, in trust for certain purposes, and proved that the plantation on which the colton was raised, was the land described in the deed from Moore to him; and, also, that the gin head was on said plantation, at the date of the deed; the gin head was attached to the floor of the…

1Opinion of the CourtGoldthwaite, J.

— There is no subject of such unmixed difficulty, at this day, as to determine what is, and what is not, a fixture to the freehold, if reference is had to the older decisions upon the questions connected therewith; or in ascertaining to whom it belongs as between vendor and vendee, heir and executor, landlord and tenant, mortgagor and mortgagee, and debtor and creditor; to say nothing of partition between joint tenants, coparceners, and tenants in common, and the rights of tenants in dower, and by courtesy. The entire subject, in its different ramifications, is examined in Elwes v. Maw, 3…

2Cases cited3 opinions

  1. Walker v. ShermanNew York Supreme Court · 1839
  2. Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
  3. McDaniel v. MoodySupreme Court of Alabama · 1831

3Cited by8 opinions

  1. Mitchell v. BillingsleySupreme Court of Alabama · 1850
  2. Gresham v. TaylorSupreme Court of Alabama · 1874
  3. Langston v. StateSupreme Court of Alabama · 1892
  4. Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
  5. Harkness v. SearsSupreme Court of Alabama · 1855

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