Millard's Adm'rs v. Hall
Supreme Court of Alabama
ERROR, to the Circuit Court of Autauga. Tried before the Hon. Andrew B. Moore. Detinue by the plaintiffs in error, as administrators of Nathaniel M. Dillard, deceased, against William T. Hall, for a slave named Big George, alleged to be the property of the plaintiffs’ intestate.
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ERROR, to the Circuit Court of Autauga. Tried before the Hon. Andrew B. Moore. Detinue by the plaintiffs in error, as administrators of Nathaniel M. Dillard, deceased, against William T. Hall, for a slave named Big George, alleged to be the property of the plaintiffs’ intestate. On the trial a bill of exceptions was allowed, from which it appears that the plaintiffs claimed title to the negro in the following manner : The plaintiffs introduced the record of a judgment from Mississippi, showing that one Greene, on the 18th day of March, 1848, recovered a judgment against one Thomas Hall, for…
1Opinion of the CourtGibbons, J.
The first question presented by the present record is, whether actual delivery of personal chattels is essential, in order to complete the contract of sale, and pass the title to property, as respects the creditors of the vendor. As between the vendor and vendee, the simple contract of sale, when complete in all its parts, undoubtedly passes the title; but a9 respects the creditors of the vendor, when the possession of the chattel remains with the latter after the contract of sale, does the title pass, so as to effect an actual change of prop*220ertyl According to the doctrine of this court, as…
2Cases cited5 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Ravisies v. AlstonSupreme Court of Alabama · 1843
- Blocker v. BurnessSupreme Court of Alabama · 1841
- Hobbs v. BibbSupreme Court of Alabama · 1829
- Mauldin v. MitchellSupreme Court of Alabama · 1848
3Cited by14 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- Upson v. RaifordSupreme Court of Alabama · 1856
- Fuller v. Associates Commercial Corp.Supreme Court of Alabama · 1980
- Cole v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1914
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