Legal Opinion

Vaughn v. Wood

Supreme Court of Alabama

Decided January 15, 1843PublishedCited by 5 opinions

Wmt of Error to the Circuit Court of Shelby. This was an action of detinue, brought by the plaintiff in error, against the defendant, for the recovery of a female slave, named Mahala, aged about twenty-two years, and her two infant children, the one about two years, and the other about one year old. The cause was tried on the general issue, and a verdict returned for the defendant, on which a judgment was rendered against the plaintiff for costs.

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Wmt of Error to the Circuit Court of Shelby. This was an action of detinue, brought by the plaintiff in error, against the defendant, for the recovery of a female slave, named Mahala, aged about twenty-two years, and her two infant children, the one about two years, and the other about one year old. The cause was tried on the general issue, and a verdict returned for the defendant, on which a judgment was rendered against the plaintiff for costs. On the trial, the plaintiff excepted to the ruling of the presiding judge, in the refusal to charge the jury, and in certain charges given, as…

1Opinion of the CourtGollier, C. J.

The view which we take of this case renders it unnecessary to inquire what, in point of law, was ‘the effect of the bill of sale made by Mrs. Hester, to the plaintiff, or rather, whether it transferred not only the right of property, but a right to the immediate possession. From the evidence recited in the bill of exceptions, it is apparent, (in fact not disputed) that-the slave Mahala, was hired out at the time the contract was made; that Mrs. Hester, more than eighteen months thereafter, wrote a letter to the plaintiff, urging him to come and pay the purchasé-1 money and take her away; that…

2Cited by5 opinions

  1. Bell v. PharrSupreme Court of Alabama · 1845
  2. Daniel Bros. v. Jordan & SonSupreme Court of Alabama · 1906
  3. Black v. Slocumb Mule Co.Alabama Court of Appeals · 1913
  4. Bank of Andalusia v. FreemanSupreme Court of Alabama · 1917
  5. Hodges v. KyleAlabama Court of Appeals · 1913

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