Brumby v. Langdon & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Claim interposed by Brumby, as the administrator of John P. Wallis, to a philosophical apparatus, levied on by a fi.fa. at the suit of L. & C. C. Langdon & Co. against the Manual Labour Institute. At the trial, the claimant offered the deposition of a witness, to whom the plaintiff in execution objected, on the ground that he was one of the defendants in execution, he being a trustee of that corporation.
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Writ of Error to the Circuit Court of Perry. Claim interposed by Brumby, as the administrator of John P. Wallis, to a philosophical apparatus, levied on by a fi.fa. at the suit of L. & C. C. Langdon & Co. against the Manual Labour Institute. At the trial, the claimant offered the deposition of a witness, to whom the plaintiff in execution objected, on the ground that he was one of the defendants in execution, he being a trustee of that corporation. The court rejected the deposition. The claimant offered another individual as a witness, who was objected to by the plaintiff on the same ground.…
1Opinion of the CourtGoldthwaite, J.
1. When this cause was heard, we inclined to the opinion held by the court below, but more consideration has satisfied us, the witnesses rejected are not within the influence of the act of 1845. Our decisions previous to that period were, that a mortgagee could not sustain a claim, as against an execution creditor of a mortgagor, before the expiration of the law day of the mortgage, when by its terms, the debtor was entitled, until then, to retain the possession. It was also the settled law of the court, that the defendant in execution was a competent witness to sustain the claim. In view of…
2Cases cited1 opinion
- Haynes v. CrutchfieldSupreme Court of Alabama · 1844
3Cited by3 opinions
- Munter v. LeinkauffSupreme Court of Alabama · 1885
- Zackowski v. JonesSupreme Court of Alabama · 1852
- Dearing v. WindhamSupreme Court of Alabama · 1847