Traylor v. Marshall
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was an action of detinue at the suit of the defendant in error. The cause was tried on the general issue and a Verdict and judgment rendered for the plaintiff.
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Writ of Error to the Circuit Court of Perry. This was an action of detinue at the suit of the defendant in error. The cause was tried on the general issue and a Verdict and judgment rendered for the plaintiff. A bill of exceptions was sealed at the instance of the defendant, from which it appears that the plaintiff having made due proof of a bill of sale from Mary Tillman to himself for the slave sought to be recovered, dated the 7th February, 1841, read the same to the jury — proved that the slave was delivered to him by his vendor upon the execution of the bill of sale, and remained in his…
1Opinion of the CourtCollier, C. J.
We will consider this case upon the assumption that the charge prayed was pertinent to, and suggested by, the the facts proved. The questions then are,r did the sale of the slave by Mrs. Tillman to the plaintiff vest the title in him, and if it did not, can the defendant avail himself of its invalidity;?
In Weir v. Davis and Humphries, 4 Ala. Rep. 442, it was decided, that an administrator is not authorized to sell the personal estate of the intestate at private sale, and the purchaser under such circumstances does not acquire a valid title. But it was said, that although the title of the…
2Cases cited3 opinions
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
- Wier v. DavisSupreme Court of Alabama · 1842
- Salter v. PearceSupreme Court of Alabama · 1843
3Cited by6 opinions
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Agee v. WilliamsSupreme Court of Alabama · 1855
- McGuire v. ShelbySupreme Court of Alabama · 1852
- Beck v. CrowSupreme Court of Alabama · 1920
- Phillips v. McGrewSupreme Court of Alabama · 1848
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