Ogburn v. Ogburn
Supreme Court of Alabama
QUESTIONS IN THIS CASE. As to charges of Courts, upon abstract questions. As to a defence by a vendee of personal property, while retaining possession. In error from Montgomery Circuit Court. This action was assumpsit, upon a promissory note, instituted by the defendant in error, to whom the note was made payable.
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QUESTIONS IN THIS CASE. As to charges of Courts, upon abstract questions. As to a defence by a vendee of personal property, while retaining possession. In error from Montgomery Circuit Court. This action was assumpsit, upon a promissory note, instituted by the defendant in error, to whom the note was made payable. The defence relied on to resist a recovery, was, that the note had been executed in consideration of the purchase of a slave, the title to which was not in the vendor. A trial was had, under the pleas of want of consideration, failure of consideration, and fraud in obtaining the…
1Opinion of the CourtHopkins, J.
The note, upon which the action in this case was founded, was given, for the purchase money of a slave, sold and delivered, by John Og-burn, to Nicholas Ogburn, on the day the note was made." The purchaser has been in possession of the slave, ever since the sale.
*128Upon the trial of the cause, the plaintiff in error, who was the defendant in the Circuit Court, offered to prove,-in the defence, that the title to the slave was in the children of his vendor, the plaintiff in the action; that he had received notice, to hold the slave, for the benefit of the children ; and, that he did hold the…
2Cases cited1 opinion
- Duvall v. CraigSupreme Court of the United States · 1817
3Cited by6 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Johnson v. Oehmig & WiehlSupreme Court of Alabama · 1891
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
- Hickson v. LingoldSupreme Court of Alabama · 1872
- Bishop v. StewartNevada Supreme Court · 1878
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