Gary v. Colgin
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Tbespass by Colgin against Gary for taking and converting several slaves. At the trial of this cause in the county court, (it being there brought,) the plaintiff made title to the slaves in controversy under a deed in trust executed by Edward B. Colgin to the plaintiff, for the benefit of certain creditors therein named. The defendant endeavored to justify under a fi. fa. in favor of Kissam & Co. v. Allen P. Binns.
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Writ of Error to the Circuit Court of Sumter. Tbespass by Colgin against Gary for taking and converting several slaves. At the trial of this cause in the county court, (it being there brought,) the plaintiff made title to the slaves in controversy under a deed in trust executed by Edward B. Colgin to the plaintiff, for the benefit of certain creditors therein named. The defendant endeavored to justify under a fi. fa. in favor of Kissam & Co. v. Allen P. Binns. It was proved the slaves had been the property of Binns at a time previous to the rendition of the judgment of Kissam & Co. Binns made…
1Opinion of the CourtGoldthwaite, J.
1. If the evidence before the jury in this case, was of a nature proper to raise the question, *518whether the deed made by Biting was for the purpose of delaying or hindering creditors, then ti must be conceded the defendant was entitled to the charge requested by him on the general principle, however correct it would have been for the court to explain the principle in its application to the particular case. When however, the evidence set out in the bill of exceptions is looked to, we think it becomes apparent there was none to warrant the charge asked for. It will be remembered the plaintiff…
2Cases cited4 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Foster v. GoreeSupreme Court of Alabama · 1843
- Wier v. DavisSupreme Court of Alabama · 1842
- Creagh v. SavageSupreme Court of Alabama · 1846
3Cited by6 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Fulton v. JohnsonWest Virginia Supreme Court · 1884
- Marston v. RoweSupreme Court of Alabama · 1869
- Catterlin v. SpinksSupreme Court of Alabama · 1849
- John v. JonesSupreme Court of Alabama · 1849
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