McLemore v. Nuckolls
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery» Tried before the Hon. S. D. Hale. This action was brought by -Moses McLemore, as trustee for Mrs. Matilda S. Pinkston, the wife of James K. Pinks-ton, and suing for her use, against O-eorge B. Nuckolls, to recover a negro woman, named Easter, together with damages for ber detention ; and -’was commenced on the 10th January, 1854. The defendant pleaded non detinet, and issue was joined on that plea.
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Appeal from the Circuit Court of Montgomery» Tried before the Hon. S. D. Hale. This action was brought by -Moses McLemore, as trustee for Mrs. Matilda S. Pinkston, the wife of James K. Pinks-ton, and suing for her use, against O-eorge B. Nuckolls, to recover a negro woman, named Easter, together with damages for ber detention ; and -’was commenced on the 10th January, 1854. The defendant pleaded non detinet, and issue was joined on that plea. It appeared -On the trial, from the evidence adduced by the-plaintiff, that the’slave originally belonged to said James K. Pinkston, who, on the 2d…
1Opinion of the CourtA. J. Walker, C. J.
It was objected in the circuit court, that there was no decree for the payment of money, upon which the. fieri facias levied by -the defendant could issue. We think the .decree of the chancellor in which he makes a reference to the register, and the decree confirming the register’s report, when construed together, and in reference to the bill and to the réport confirmed, amount to an order for the payment of the several sums of money reported by the register to be due by the defendants severally to-the-respective creditors, notwithstanding the gross informality of-the decrees. — Huffaker v.…
2Cases cited9 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Foote v. CobbSupreme Court of Alabama · 1851
- Pinkston v. McLemoreSupreme Court of Alabama · 1857
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
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3Cited by26 opinions
- Cochran v. MillerSupreme Court of Alabama · 1883
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Callan v. McDanielSupreme Court of Alabama · 1882
- Coles v. Allen, Freer & IllgesSupreme Court of Alabama · 1879
- Glaze v. BlakeSupreme Court of Alabama · 1876
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