Brandon v. Snows
Supreme Court of Alabama
This was a trial of the right of property in a slave, in Tuscaloosa Circuit Court. L. Brandon had recovered a judgment in said Court, against J. Wyzer; an execution issued on this judgment the 18th of April 1826, was levied on the 23d September 1826, on a negro boy named Jacob, then in the possession of Wyzer.
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This was a trial of the right of property in a slave, in Tuscaloosa Circuit Court. L. Brandon had recovered a judgment in said Court, against J. Wyzer; an execution issued on this judgment the 18th of April 1826, was levied on the 23d September 1826, on a negro boy named Jacob, then in the possession of Wyzer. Snows and Cunningham claimed the slave as their property; under the statute they filed their affidavit and claim, on the 2d of October 1826, and a trial of the issue joined between Brandon the plaintiff in execution and the claimants, waá had at March term, 1828, when a verdict was…
1Opinion of the Court
By LIPSCOMB, Chief Justice.
The plaintiff in error supposes the Circuit Judge to have erred in refusing the instruction first prayed for, and in giving the instruction he did in relation thereto. In some cases it has been holden, that when land has been sold under execution, the advertisement required by statute must be proven, and that it is an essential muniment of title to the purchaser; but this rule has never been applied to personal property; no paper evidence is necessary for the conveyance of personal property; title to real property is always supposed to be sustained by documentary…
2Cited by7 opinions
- Wilson v. BrownSupreme Court of Alabama · 1877
- Hodges v. LairdSupreme Court of Alabama · 1846
- Ashworth v. StateSupreme Court of Alabama · 1879
- Cawthorn v. McCrawSupreme Court of Alabama · 1846
- Noble & Bro. v. Cullom & Co.Supreme Court of Alabama · 1870
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