Scott v. Baber
Supreme Court of Alabama
Error from the Circuit Court of Chambers. Before the Hon. Geo. Goldthwaite. Detinue by the plaintiff against the defendant, to recover nine negro slaves. The defendant pleaded non detinet, statute of limitations of six years, and six years’ peaceable and adverse possession under claim of title in his own right, upon which issues were joined. Judgment and verdict for the defendant.
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Error from the Circuit Court of Chambers. Before the Hon. Geo. Goldthwaite. Detinue by the plaintiff against the defendant, to recover nine negro slaves. The defendant pleaded non detinet, statute of limitations of six years, and six years’ peaceable and adverse possession under claim of title in his own right, upon which issues were joined. Judgment and verdict for the defendant. Upon the trial, a bill of exceptions was sealed, from which it appears the plaintiff read in evidence a bill of sale made by defendant, as follows: “ Know all men by these presents, that I, Nathaniel Baber, of the…
1Opinion of the CourtChilton, J.
The bill of sale, executed by Baber, and ■the instrument executed at the same time by Scott to him in reference to the same transaction, form but one instrument. This needs not the aid of legal intendment, inasmuch as the bill of exceptions informs us, that both instruments form but -oné transaction. 9 Ala. R. 24.
If we append to the bill of sale given to Scott, the agree-ment executed by him to Baber, the agreement would amount to this: a sale by Baber of the slaves in suit to Scott, with an agreement on Scott’s part not to disturb the possession of Baber under the penalty of $2,000. What is…
2Cases cited2 opinions
- Spence v. MitchellSupreme Court of Alabama · 1846
- Cullum v. SmithSupreme Court of Alabama · 1844
3Cited by4 opinions
- Potier & McCoy v. BarclaySupreme Court of Alabama · 1849
- Gibson v. StateAlabama Court of Appeals · 1916
- Proctor v. ScharpffSupreme Court of Alabama · 1885
- Hooper v. BrittAlabama Court of Appeals · 1951