Frow & Ferguson v. Downman
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Claim of property interposed by Frow and Ferguson to certain slaves levied on at the suit of Downman, as an execution creditor of one Treadwell.
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Writ of Error to the Circuit Court of Dallas. Claim of property interposed by Frow and Ferguson to certain slaves levied on at the suit of Downman, as an execution creditor of one Treadwell. At the trial, it appeared the claimants made title to the slaves in controversy, under a deed of assignment by one Parkman, for the benefit of certain creditors therein named. 'It was in proof, the slaves had once belonged to Treadwell, but were sold by the sheriff, under an execution against him, and that Parkman became the purchaser, and received a bill of saleas such ; but there was 'also evidence…
1Opinion of the CourtGoldthwaite, J.
1. We think the circuit court was mistaken in considering the witness it excluded as within the terms or intention of the act of 1845, rendering the mortgagor, or' defendant in execution incompetent in claim.suits. The object of this statute was, to change the law as it then stood in two particulars — first, to permit the mortgagee to interpose a claim when the mortgaged estate was levied on at the suit of a creditor of the mortgagor, irrespective of the law day of the deed — and second, to prevent the mortgagor defendant' in execution ft;om giving testimony in all trials of the right of…
2Cases cited2 opinions
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
- McGrew v. HartSupreme Court of Alabama · 1834
3Cited by11 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1874
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
- Ex Parte State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1943
- Jones v. FranklinSupreme Court of Alabama · 1886
- Crosby v. HutchinsonSupreme Court of Alabama · 1875
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