Tatum v. Morris
Supreme Court of Alabama
Ehrok to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This, was an action of trespass on the case by Tatum and Smith against Morris. The declaration contained three counts.
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Ehrok to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This, was an action of trespass on the case by Tatum and Smith against Morris. The declaration contained three counts. The first and third counts, which are substantially the same, charge the defendant with “ causing and procuring the Sheriff of Autauga County to levy an execution against one Stephen Shelton, on certain slaves, the property of the plaintiff, and to take possession of and carry them away,” with intent to cause it to be suspected and believed that plaintifis had no title to said property, and to…
1Opinion of the CourtParsons, J.
The first and third counts are so nearly alike, that our opinion upon the first will be decisive of the third. It is stated in the first, that one Shelton, by his deed, conveyed the property to the plaintiffs, in trust for the payment of his debts; that .the defendant afterwards caused the sheriff to levy an execution, which was against the estate of Shelton, upon the slaves that were conveyed, and to take them away. It is fully alleged that this was done maliciously, for the purpose of causing it to be suspected and believed, that the plaintiffs had *306no title to the real and personal estate…
2Cited by3 opinions
- McKellar v. CouchSupreme Court of Alabama · 1859
- Tutwiler v. BurnsSupreme Court of Alabama · 1909
- Miller v. WoodSupreme Court of Alabama · 1952