McKenzie v. Bentley
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before the Hon. A. J. Walker. This bill was filed by John McKenzie and wife, the appellants, alleging that, on the marriage of Mrs. McKenzie’s only daughter, in 1852, with Hiram D. Bentley, she permitted said Bentley and wife to take one of her slaves, on which her husband held a mortgage, under an agreement that said Bentley should clothe and pay taxes on said slave during the year 1853, and return her to Mrs. McKenzie at…
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Appeal from the Chancery Court at Wetumpka. Heard before the Hon. A. J. Walker. This bill was filed by John McKenzie and wife, the appellants, alleging that, on the marriage of Mrs. McKenzie’s only daughter, in 1852, with Hiram D. Bentley, she permitted said Bentley and wife to take one of her slaves, on which her husband held a mortgage, under an agreement that said Bentley should clothe and pay taxes on said slave during the year 1853, and return her to Mrs. McKenzie at the end of that year; that Bentley and wife shortly afterwards left the country, secretly, and by night, taking said slave…
1Opinion of the CourtRice, C. J.
The bill seeks the issue of an attachment on a purely legal demand, — a demand for the unliquidated damages, arising either from the conversion of the female slave (Martha Ann), or from the breach of the contract to ■deliver her to her owners at the end of the year 1853. The demand is against non-resident defendants, who have withiu this State property or effects more than sufficient to pay the damages claimed, which can be reached by an attachment at law. — Code, §§ 2503, 2504, 2505, 2508, 2516, 2517, 2541-2543, 2129 — 2131. Independent of statute law, the court of chancery has no…
2Cases cited5 opinions
- Butler v. FosterSupreme Court of Alabama · 1848
- Russell v. LittleSupreme Court of Alabama · 1856
- Sanders v. WatsonSupreme Court of Alabama · 1848
- McGown v. SpragueSupreme Court of Alabama · 1853
- Governor v. JacksonSupreme Court of Alabama · 1849
3Cited by3 opinions
- Ware v. Seasongood, Menderson & Co.Supreme Court of Alabama · 1890
- Smith v. MooreSupreme Court of Alabama · 1859
- Saunders v. CavettSupreme Court of Alabama · 1861