James v. Stiggins
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. This was an action of detinue at the suit of the plaintiff in error, for the recovery of certain slaves. The cause was put to the jury on the general issue.
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Writ of Error to the Circuit Court of Macon. Before the Hon. G. W. Stone. This was an action of detinue at the suit of the plaintiff in error, for the recovery of certain slaves. The cause was put to the jury on the general issue. From a bill of exceptions sealed at the instance of the plaintiff, it appears that an agreement was made and entered into between the plaintiff and George Stiggins, which recites that the latter was entitled by patent from the general government, under the treaty of Fort Jackson, to a tract of land situate in Clarke county, and known as fractional section one, in…
1Opinion of the CourtCollier, C. J.
In James v. Scott, 9 Ala. Rep. 579, we decided, that the first branch of the agreement by which the land was leased to the plaintiff, and the possession of the slaves yielded to the lessor as an equivalent for the rent, was a valid contract, and the plaintiff could not, while he occupied the land, recover the slaves of Stiggins, or one claiming under him during his life. We are now called on to determine whether the latter part of the agreement -is obligatory on the plaintiff, so that he cannot, now that Stiggins is dead, maintain an action for the slaves.
The agreement is too explicit in its…
2Cases cited2 opinions
- Falls v. GaitherSupreme Court of Alabama · 1839
- James v. ScottSupreme Court of Alabama · 1846
3Cited by1 opinion
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884