Phillipi v. Capell

38 Ala. 575

Opinion

A. J. WALKER, C. J.

Before forfeiture of the forthcoming bond, the slave Matt died; and no liability upon the bond could result from the failure to deliver him in pursuance of the stipulations of the bond. — Falls v. Weissinger, 11 Ala. 801.

The decree of the court below must be reversed, and a decree must be here rendered, dismissing complainants’ petition; and the appellees (who were the petitioners below) must pay the costs of the chancery court, and of this court.