Legal Opinion

Harris v. Miller

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 11 opinions

Appeal from the Chancery Court of Talladega. Heard before the Hon. JohN Foster. This bill was filed by John L. Harris against John I). Miller, seeking to have a bill of sale for a negro girl, which was absolute on its face, declared a mortgage, and for redemption under it.

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Appeal from the Chancery Court of Talladega. Heard before the Hon. JohN Foster. This bill was filed by John L. Harris against John I). Miller, seeking to have a bill of sale for a negro girl, which was absolute on its face, declared a mortgage, and for redemption under it. It alleged that, at the time this bill of sale was given, on the 10th October, 1851, plaintiff1 applied to defendant for a loan of f 35Q, and executed the bill of sale to secure the repayment of the money; that it was expressly understood between them, at the time of the transaction, that the bill of sale was intended only…

1Opinion of the CourtStone, J.

In chancery causes, we are at a loss to eonceive how a motion to suppress depositions, for irregularity in the execution of the commission, can be advisedly made, until after publication. The authorities are full to' the point, that the proper time for such motion is, after the testimony is published, and before the cause is heard on the merits. — 2 Dan. Ch. Pr. pp. 1140-1, and note 1; Gordon v. Gordon, 1 Stew. 171; Gresley’s Eq. Ev. 213, and note.

Repositions should not be suppressed for irregularity, on motion made for the first time at the hearing of the cause. The reason is obvious; it is…

2Cases cited15 opinions

  1. West v. HendrixSupreme Court of Alabama · 1856
  2. McCreary v. TurkSupreme Court of Alabama · 1856
  3. Brantley v. WestSupreme Court of Alabama · 1855
  4. Parish v. GatesSupreme Court of Alabama · 1856
  5. Robinson v. FarrellySupreme Court of Alabama · 1849

10 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Corley v. VizardSupreme Court of Alabama · 1919
  2. Knaus v. DreherSupreme Court of Alabama · 1887
  3. Reeves v. AbercrombieSupreme Court of Alabama · 1895
  4. Bullard v. LambertSupreme Court of Alabama · 1866
  5. Electric Lighting Co. of Mobile v. RustSupreme Court of Alabama · 1901

6 more not listed; retrieve them via the Exa API.

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