Goode v. Longmire
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. C. W. Rapier. This was a trial' of the right of property in several slaves, between the appellants, as plaintiffs in attachment against William M. Longmire, and Mrs. Sarah J Long-mire, the wife of said defendant in attachment, as claimant.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. C. W. Rapier. This was a trial' of the right of property in several slaves, between the appellants, as plaintiffs in attachment against William M. Longmire, and Mrs. Sarah J Long-mire, the wife of said defendant in attachment, as claimant. The plaintiffs’ attachment was sued out on the 23d December, 1857, and was levied by the sheriff, on the next day, on the slaves in controversy, to-wit, Caroline and her five children, who were found at the dwelling-house of said defendant in attachment. The facts disclosed on the trial, as…
1Opinion of the CourtR. W. 'Walker, J.
1. To constitute a levy on personal property, the officer must assume dominion over it. He must not only have a view of the property, but he must assert his title to it, by such acts as would render him chargeable as a trespasser, but for the protection of the process. — Westervelt v. Pinckney, 14 Wend. 123; Beckman v. Lansing, 3 Wend. 450; Bryan v. Bridge, 6 Texas, 141; Learned v. Vanderburgh, 7 How. P. R. 379; Crocker on Sheriffs, §§ 369, 427 — 8; 5 Denio, 198; 9 Ala. 519; Smith v. Niles, 20 Vermont, 320.
If slaves may be takeu, under attachment against one who has a vested remainder in…
2Cases cited5 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Camp v. ChamberlainNew York Supreme Court · 1848
- Westervelt v. PinckneyNew York Supreme Court · 1835
- McConeghy v. McCawSupreme Court of Alabama · 1858
- Cawthorn v. McCrawSupreme Court of Alabama · 1846
3Cited by9 opinions
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Callen v. RottenberrySupreme Court of Alabama · 1884
- Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
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