Gaines v. Harvin
Supreme Court of Alabama
ERROR 'to the Cirbuit Court of Marengo. T.riejd before the Ilbn. Geo. I). Shortridge: ' 1. All the title of the plainfiff below was derived from the order or decree of a register, ‘the mere cleric of a Chancery Court, and the statute^ under which the register acted are void. The people of Alabama, in forming their government, took great pains to keep the legislative, executive and judicial functions separate. Upon' ‘this point the constitution is remarkably eihpliatic.
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ERROR 'to the Cirbuit Court of Marengo. T.riejd before the Ilbn. Geo. I). Shortridge: ' 1. All the title of the plainfiff below was derived from the order or decree of a register, ‘the mere cleric of a Chancery Court, and the statute^ under which the register acted are void. The people of Alabama, in forming their government, took great pains to keep the legislative, executive and judicial functions separate. Upon' ‘this point the constitution is remarkably eihpliatic. The mere declaration of this principle is made to constitute an entire article in two sections, of that instrument. (See Art.…
1Opinion of the CourtChilton, J.
This was an action of detinue to recover a negro woman slave called -Sylva, by Harvin, the defendant in error, against Wm. M. -Byrd and Wm.. Burks, who, by consent, were discharged, and the claimant of the slave, who is the plaintiff in error, admitted,-to 'defend. 'The .plaintiff below had a verdict, on which judgment was rendered in his-favor. Upon the trial a bill of' exceptions was sealed, from which it appears that the plaintiff below introduced as evidence a deed executed by-Robert Sanders on the-12th-day of January, 1832, to Gabriel W. Law, conveying to him the slave in controversy,…
2Cited by22 opinions
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- State v. KellyNew Mexico Supreme Court · 1921
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
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