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THE DECISIONS MADE IN THE YEARS 1827 AND 1823.

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APPENDIX,
CONTAINING THE RULES OF PRACTICE IN THE

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BY GEORGE N. STEWART,
REPORTER APPOINTED BY THE COURT PURSUANT TO STATUTE.

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VOL. I.

TUSCALOOSA:
PUBLISHED BY THE AUTHOR.

Wiley, M'Guire and Henry, Printers,

1830.

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SOUTHERN DISTRICT OF ALABAMA, to wit : BE IT REMEMBERED, that on the twenty-seventh day of December, in the fifty-fifth year of the Independence of the United States of America, A. D. 1830, George N. Stewart, of said district, has deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit:

“Reports of Cases argued and determined in the Supreme Court of Alabama, embracing the Decisions made in the years 1827 and 1828. With an Appendix, containing the Rules of Practice in the Courts of Alabama. By George N. Stewart, Reporter, appointed by the Court pursuant to statute. Vol. I.”

In conformaty to the act of Congress of the United States, entitled, "An act for the encouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies, during the times therein mentioned;" and also, an act, entitled, “ An act supplementary to an act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving and etching historical and other prints.”

DAVID FILES,
Clerks of the Southern District of Alabama.

1

TO THE HONORABLE

ABNER S. LIPSCOMB,

Chief Justice of the Supreme Court

OF THE STATE OF ALABAMA,

THIS VOLUME

IS DEDICATED,

AS A TRIBUTE OF GRATITUDE AND OF RESPECT,

BEING THE FIRST LABORS OF HIS

MUCH OBLIGED

PUPIL AND FRIEND,

GEORGE N. STEWART.

INTRODUCTORY NOTICE.

This volume contains all the decisions in litigated cases made by the Supreme Court of Alabama, in the years 1827 and 1828, and is in continuation of the volume published by Henry Minor, Esq. the former Reporter, commencing where that volume ends. The author has labored under the same difficulties experienced by the former Reporter, and can furnish the arguments of counsel, and the authorities cited, in few of the cases only, and often only on one side, because, at the time the causes were decided, there was no provision made for reporting them, and notes of the arguments and authorities were not preserved. It is only occasionally, from the briefs filed, that they can be partially and imperfectly obtained. For the same reason, the names of the attorneys who argued the cases may in some instances be erroneously stated, they being taken from the dockets. This difficulty will be remedied in the subsequent volumes, as the proper materials will hereafter be preserved for the purpose. The author must apologise to the public for such defects as the work may be found to contain, this being a first essay; more experience, united with his best endeavors to correct such imperfections as may be found in this volume, will enable him hereafter to offer to the public something more perfect.

GEORGE N. STEWART, DECEMBER, 1830.

Note. The references to the Laws of Alabama are made to Toulmin's Digest, published in 1823.

1

A TABLE OF THE NAMES OF CASES REPORTED IN THIS VOLUME.

The letter "y" follows the name of the plaintiff in error, or appellant; the word "and"

the name of the defendant, or appellee.

202 438

18 402 14 18 229 190 251 479 20 66 149

156 514

11 524 391 219

47 109 30 43 132 589

421

14

255 55 36 23

180

Adams and Brown,

51. Cox & Harris and Comegys & Pershouse, Adams v. Ward,

42 Cunningham and Sutherland & Sutherland, Adkins et al. v. Allen,

130 Alexander & Bills and Ward et al.

382 Dade and Carter, Allen and Adkins et al.

130 Davis' Ex’rs v. Cathey, Allen v. Hays,

10 Debre!l and Brahan, Allen v. Morgan,

g Derrick v. Jones, Allen's Ex'r v. Mathews' Adm'r,

273 Dew and Gillespie, Anderson v. Garth,

160 Dickey's and Withéra' Ex'r, Armstrong, M'Gehee & Co. v. Gay,

175 Dillalunty v'. Parry & Co. Austin and Logan,

476 Dortch and Martin, Adm'r, Autery & Autery 'and The State,

• 399 Dossey and Pace, Ayres and Thompson,

171 Draugban et al. v. Tombeckbee Bank,

Dwight and M-Elroy, Barringer & Rhodes and Snead,

134 Bass v. Brooks,

44 Eastland and Terry et al. Bassett's Ex'x v. Jordan,

352 Eason and Maxwell, Battle et al. and Van Dyke,

218 Edwards and Bruce, Beckwith and The State,

318 Edwards and Tharton, Bell & Wife v. Hogon,

536 Elliott and Wright, Bells, Trigg & Watkins v. Heirs of L. Robinson, 193 Elliott and M'Donald, Bennett v. Black,

494 Ellis v. Grooms, Bennett v. Black,

39 English and Johnson, Bettis v. Nicholson,

349 Erskine v. M Lendon, Black and Bennett,

494 Evans v. Saltmarsh, Sam and Same,

39 Evans and Salımarsh & Beck, Blackburn und Gayle & Pitts, Admors

429 Evans and M'Gehee, Blair v. Cleveland, Boardman v. Gore & Williams,

Faris & Powell v. King

517 Brahan r. Debrell,

Farnsworth and Richardson, Brahan & Rose vPope & Pop ,

Fergusun and Grice,

135 Brahan v. Johnson,

Findley & Cummins v. Wyser, 199

Fitch and Stebbins, Braban v. Talbot,

81 Brandons v. Huntsville Bank, .

Foote r'. Lawrence, and Appendix 619.) Brown v. Adams,

Foster & Kirksey and Marr Brown and Henley,

Fuqua v. Stone,

144 Brown and Thomas,

412 Gains and Neal, Brooks and Bass,

44 Gantt et al, and the Governor, Brookshire, Ex’r, and Landrum,

252 Garner v. Clay et al. Bruce v. Edwards,

11 Garth and Anderson, Buchanan's Ex’rs and Toulmin,

67 Garrard v. Zachariah, Bumpass et al. v. Richardson,

16 Garrow v. Salles, Bumpass v. Webb,

19 Gayle v, Randle, Byrne v. Hall,

17 Gayle et al. v. Singleton, Byrd and Cain,

189 Gayle & Pitts, Adm'rs. v. Blackburn, Cain v. Byrd,

Gay and Armstrong, M'Gehee &Co.

189 Gillespie v. Dew, Caldwell & Bennett v. May,

425 Goodwyn v. Yarbrough, Campbell and Huff,

543 Goodwin v. Morgan, Carter v. Dade,

18 |Gore & Williams and Boardman, Cathey and Davis' Ex'r

402 Governor v. Gantt et al, Cauley and Jenkins,

61 Gray v. Pope, Cheatham and Jones,

81 Grice v. Ferguson, Christian v. Scott,

490 Grice r. Jones, Adm'r. Clarke v. M'Elroy,

147 Grooms and Ellis, Clay et al. and Garner,

182 Guy v, Winston, Cleveland and Blair,

421 Gwynn v. Weaver, Click et al. and Rolston,

5261 Cloud v. Patterson,

394 Hall and Byrne, Cobb and Smith & Hill,

62 Hall and Ripitoe, Cockrill and Cook,

475 Hardwick '. King, Coker and Read,

22 Harris v. Thompson, Comegy & Pershouse v. Cox & Harris,

262 Harris v. Jones' Ex'l's. Commissioners of Roads, &c. and Smith, 183 Harris v. Purdy, Connor and M'Kenzie & Bennock,

162 Hays and Allen, Cook v. Cockrill,

475 Haynes v. Woods, (os v. Jones and Jones,

379 Henley 7. Browa,

320
51

483

57 435

158 388 182 100 272 499 529 566

429

175 229

152 - 278

517 388 81 36 254

47

149 • 219

17 166 312 81 81 231 10 12 144

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