McCoy v. Odom
Supreme Court of Alabama
ERROR to the Circuit Court of Russell. Tried before the Hon. E. Pickens. This was a trial of the right of property of certain slaves, which had been levied on by an execution in favor of the defendant in error against one Hudson.
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ERROR to the Circuit Court of Russell. Tried before the Hon. E. Pickens. This was a trial of the right of property of certain slaves, which had been levied on by an execution in favor of the defendant in error against one Hudson. The levy was made on the 29thNovember, 1849, and on the trial there was evidence conducing to prove, that the slaves levied on were originally the property of one Stegers, in the State of Georgia, who was the father-in-law of Hudson, and the grand-father of the claimants; that he loaned the slaves by parol to his daughter, the wife of Hudson, then in life, and her…
1Opinion of the CourtGoldthwaite, J.
The question presented on the first of the several charges given is, as to the effect of that portion of the second section of the statute of frauds of this State in relation to loans. The clause referred to is in these words: “ And in like manner, where any loan of goods and chattels, shall be pretended to be made to any person, with whom or those claiming under him, possession shall have remained for the space of three years, without demand made and pursued by due course of law on the part of the pretended lender; or where any reservation or limitation shall be pretended to have been made…
2Cases cited8 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Sims v. SimsSupreme Court of Alabama · 1841
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Catterlin v. HardySupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Durr v. JacksonSupreme Court of Alabama · 1877
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- Central Railroad & Banking Co. v. SmithSupreme Court of Alabama · 1884
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.