Hopkins v. Thompson
Supreme Court of Alabama
Hopkins brought an action of detinue, in the Circuit Court of Jackson, to recover the possession of certain slaves. The record, disclosed, that a bill of sale for the slaves in question had been originally executed by one Hammons, to the plaintiff — that by a defeasance connected therewith, the said slaves were subject to redemption, on certain terms and conditions specified therein — that Hammons having failed to redeem the slaves, the bill of sale, by his acknowledgment,…
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Hopkins brought an action of detinue, in the Circuit Court of Jackson, to recover the possession of certain slaves. The record, disclosed, that a bill of sale for the slaves in question had been originally executed by one Hammons, to the plaintiff — that by a defeasance connected therewith, the said slaves were subject to redemption, on certain terms and conditions specified therein — that Hammons having failed to redeem the slaves, the bill of sale, by his acknowledgment, was considered absolute, and possession thereof, given to the plaintiff: that Hammons, afterwards, secretly took the…
1Opinion of the Court
By Mr. Justice Hitchcock :
This was ail action of detinue for two slaves. The evidence on the part of the plaintiff w&s, that in 1817, one Hammons made an absolute bill of sale of the slaves -to the plaintiff, who on the same' day executed to the said Hammons, a written defeasance, stating that Hammons was- to retain possession of the slaves for twelve months, and if at the end of that time he should pay to the plaintiff the amount expressed in the defeasance, he would be entitled to the return of the bill of sale, and to the property in the slaves. That at a subsequent time, the plaintiff…
2Cited by3 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Mervine v. WhiteSupreme Court of Alabama · 1874
- Talbot v. De ForestSupreme Court of Iowa · 1852