Maull v. Hays
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Trial of the right of property. • The defendant in error, having obtained a judgment against Jacob G. Maull, on the 5th October, 1840, sued out an execution thereon, on the 2d June, 1846, which was levied on a negro girl named Betty, in the possession of the defendant in execution, which was claimed as the property of John T. Maull.- The facts, as shown by the bill of exceptions, are, that the slave went into the possession of the…
Read the full summary
Error to the Circuit Court of Lowndes. Trial of the right of property. • The defendant in error, having obtained a judgment against Jacob G. Maull, on the 5th October, 1840, sued out an execution thereon, on the 2d June, 1846, which was levied on a negro girl named Betty, in the possession of the defendant in execution, which was claimed as the property of John T. Maull.- The facts, as shown by the bill of exceptions, are, that the slave went into the possession of the defendant, in February, 1840, by a loan from one Holmes, to his daughter, the •wife of Maull, who was living with her…
1Opinion of the CourtOrmond, J.
The loan to Mrs. Maull, was in legal estimation a loan to the husband, and the slave having come to his possession it will be in effect the same as if the loan had been made directly to him.
The question then is, whether, as the slave remained in the possession of the husband more than three years, without demand, or pursuit by due course of law, on the part of the lender, she is liable for the payment of his debts, after she *501has been returned to the owner, no lien having been acquired by the creditor, whilst the slave was in the possession of the debtor. This depends on the proper…
2Cases cited3 opinions
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Boyd v. StainbackSupreme Court of Virginia · 1817
- Deforest v. ElkinsSupreme Court of Alabama · 1841
3Cited by4 opinions
- McCoy v. OdomSupreme Court of Alabama · 1852
- Knox v. FairSupreme Court of Alabama · 1850
- Beall v. LedlowSupreme Court of Alabama · 1848
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857