M'Gregor & Darling v. Hall
Supreme Court of Alabama
In error, from Jefferson Circuit court. This was a'proceeding, under the statute, to determine the property in certain- slaves, levied on, tinder execution, as of the estate .of one Baylor; a claim to which, had been interposed, by the defendant in error. On the trial, a verdict was had, in favor of the claimant; and the plaintiffs,in execution, took a writ of error, here.
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In error, from Jefferson Circuit court. This was a'proceeding, under the statute, to determine the property in certain- slaves, levied on, tinder execution, as of the estate .of one Baylor; a claim to which, had been interposed, by the defendant in error. On the trial, a verdict was had, in favor of the claimant; and the plaintiffs,in execution, took a writ of error, here. By a bill of exceptions, it appeared, that1 when the said case came on for trial, it was objected, that the affidavit filed by the claimant, was not sufficient, in its terms, to sustain his claim; the said affidavit only…
1Opinion of the CourtTaylor, J.
A judgment had been obtained against' a third person, and, an execution, which was sued out thereon, was levied on two slaves. The defendant in error claimed said property, and .made an affidavit, in the words following, viz: “Personally appeared, Samuel W. Hall, who being duly swojm, deposeth, and saith, that he has a just claim to Walker, a mulatto man, aged about fifty years, and to Ca-tey, a black woman, about the same age, levied on,” &c. The execution was thereupon returned; and, at the next term of the court, an issue was formed, according to the statute, to ascertain, whether the…
2Cases cited1 opinion
- Hodgson v. ButtsSupreme Court of the United States · 1805
3Cited by6 opinions
- Powell v. WilliamsSupreme Court of Alabama · 1848
- Hudson v. RandolphCourt of Appeals for the Fifth Circuit · 1894
- J. H. Anders Mercantile Co. v. Rice Bros.Supreme Court of Alabama · 1914
- Horton v. HovaterAlabama Court of Appeals · 1914
- Union Bank & Trust Co. v. George B. Azar, as Trustee in Bankruptcy of Edward Carl Coreyale, BankruptCourt of Appeals for the Fifth Circuit · 1963
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