Brainard v. McDevitt
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. L. GibboNS. This was an action of detinue brought by McDevitt against Brainard, to recover a negro woman slave.
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Error to the Circuit Court of Mobile. Tried before the Hon. L. GibboNS. This was an action of detinue brought by McDevitt against Brainard, to recover a negro woman slave. The plaintiff introduced one Roulston as a witness, who proved that he (the plaintiff) purchased her of one Montgomery, for the sum of four hundred dollars, on the 4th day of July, 1845; that immediately after the payment of the purchase money, and the execution of the bill of sale, which was also introduced as evidence of the plaintiff’s title, Montgomery left Mobile and was absent about two months; that during the absence…
1Opinion of the Court
DARGAN, G. J.
— Tbe only question involved in this case, grows out of tbe second section of our statute of frauds. That section, after prescribing tbe mode in which personal property shall be conveyed, when tbe conveyance is not founded on a valuable consideration, goes on to provide, “that where any loan of goods or chattels shall be pretended' to *124have been made, to any person with wbam, or those claiming under bim, tbe possession shall have remained for the space of three years, without demand made and pursued by due course of law on the part of the pretended lender; or where any reservation…
2Cited by7 opinions
- Richardson v. LeviTexas Supreme Court · 1887
- Carew v. Love's Adm'rSupreme Court of Alabama · 1857
- Malone v. BedsoleSupreme Court of Alabama · 1890
- Hudnall v. PaineSupreme Court of Florida · 1897
- Dillon v. MizellSupreme Court of Florida · 1913
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