Branch Bank at Montgomery v. Hodges
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. A writ of fierifacias issued from the circuit court of Montgomery, against the goods and chattels, &c. of John P. Booth and others, which was received by the sheriff of Barbour, on the 7th September, 1846, and levied by him on the following day, on a male slave named Bob, as the property of Booth. Thereupon the defendant in error made an affidavit,'and executed a bond with surety, to try the right, pursuant to the statute.
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Writ of Error to the Circuit Court of Barbour. A writ of fierifacias issued from the circuit court of Montgomery, against the goods and chattels, &c. of John P. Booth and others, which was received by the sheriff of Barbour, on the 7th September, 1846, and levied by him on the following day, on a male slave named Bob, as the property of Booth. Thereupon the defendant in error made an affidavit,'and executed a bond with surety, to try the right, pursuant to the statute. An issue was accordingly made up and submitted to a jury, who returned a verdict for the claimant, and thereon judgment was…
1Opinion of the CourtCollier, C. J.
If it could avail the claimant any thing to show that a decree had been rendered, such as was adduced by him, the record was admissible to establish that fact. But the decree as against the plaintiff in execution, would prove nothing more. The fact that the slave was purchased with Mrs. Booth’s money, or that her husband had, without authority, converted funds which were a part of her separate estate, and that the slave was settled on her as a substitute for the money, before the plaintiff’s lien attached, should have been shown by extrinsic evidence.
It is certainly true, that a judgment or…
2Cited by8 opinions
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- Hunt v. AcreSupreme Court of Alabama · 1856
- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
- Coles v. Allen, Freer & IllgesSupreme Court of Alabama · 1879
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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