Ansley v. Pearson
Supreme Court of Alabama
Appeal from the Court of Chancery sitting at Tuskegee. In March, 1844, the plaintiff in error filed his bill, setting forth that in February, 1841, he sold.to Matthew R. Glenn, two slaves, to-wit, Henny, a woman, and Jacob, her child, for the sum of seven hundred dollars ; to secure the payment of which, the purchaser, at the time of the sale, made his two promissory notes, one for #400, and the other for #300, payable to the plaintiff, on the 15th August next thereafter;…
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Appeal from the Court of Chancery sitting at Tuskegee. In March, 1844, the plaintiff in error filed his bill, setting forth that in February, 1841, he sold.to Matthew R. Glenn, two slaves, to-wit, Henny, a woman, and Jacob, her child, for the sum of seven hundred dollars ; to secure the payment of which, the purchaser, at the time of the sale, made his two promissory notes, one for #400, and the other for #300, payable to the plaintiff, on the 15th August next thereafter; and a mortgage, bearing even date therewith was executed by Glenn to the plaintiff on the slaves, to secure the payment of…
1Opinion of the CourtCollier, C. J.
The precise form of the issue, which was submitted to the jury in the trials of the right of property, is not shown by the record, but as the only proper issue, was an affirmation by the one party that the property levied on was subject to the attachment, and a denial of that fact by the other, we must intend that the issues wei;e thus framed. If the defendant in the attachments had the possession of the slaves in question, as a mortgagor, with an undisputed right of possession as against the complainant, then he had an interest that could be levied on and sold, although the purchaser would…
2Cases cited12 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Lawrence v. HuntNew York Supreme Court · 1833
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
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