Walker v. Hampton

Supreme Court of Alabama

Walker v. Hampton

8 Ala. 412

DecidedJune 15, 1845

StatusPublished

This text of 8 Ala. 412 (Walker v. Hampton) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Hampton, 8 Ala. 412 (Ala. 1845).

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Opinion

GOLDTHWAITE, J.

We think the charge to the jury was a correct exposition of the law of this case. The sheriff, by the attachment, was authorised to seize the slaves, and it is not shown that any act was subsequently done by him in relation to them, which is unlawful. In the Six Carpenter’s Case, 8 Coke, 290; S. C. 43 Law Lib. 130, it is said, if the lessor distrain for his rent, and thereupon the lessee tenders him the rent in arrears, and requires his beasts again, and the lessor will not deliver them, this not doing cannot make him a trespasser, ab initio.

This is precisely the present case, and shows the charge to be correct.

Judgment affirmed.

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GOLDTHWAITE, J.

We think the charge to the jury was a correct exposition of the law of this case. The sheriff, by the attachment, was authorised to seize the slaves, and it is not shown that any act was subsequently done by him in relation to them, which is unlawful. In the Six Carpenter’s Case, 8 Coke, 290; S. C. 43 Law Lib. 130, it is said, if the lessor distrain for his rent, and thereupon the lessee tenders him the rent in arrears, and requires his beasts again, and the lessor will not deliver them, this not doing cannot make him a trespasser, ab initio.

This is precisely the present case, and shows the charge to be correct.

Judgment affirmed.

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Bluebook (online)

8 Ala. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-hampton-ala-1845.