Mar. 31.

REPORTS

OF

CASES

ARGUED AND DETERMINED

IN THE

19

SUPREME COURT OF ALABAMA,

EMBRACING

THE DECISIONS MADE IN THE YEARS 1827 AND 1823.

WITH AN

APPENDIX

CONTAINING THE RULES OF PRACTICE IN THE

!¡BRARE

BY GEORGE N. STEWART,

REPORTER APPOINTED BY THE COURT PURSUANT TO STATUTE.

VOL. I.

TUSCALOOSA:

PUBLISHED BY THE AUTHOR.

Wiley, McGuire and Henry, Printers.

1830.

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 conformity 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,

Clerk of the Southern District of Alabama.

TO THE HONORABLE

ABNER S. LIPSCOMB,

Chief Justice of the Supreme Court

OF THE STATE OF ALABAMA,

THIS VOLUME
VOLUM

IS DEDICATED,

AS A TRIBUTE OF GRATITUDE AND OF RESPECT,

BEING THE FIRST LABORS OF HIS

MUCH OBLIGED

PUPIL AND FRIEND,

GEORGE N. STEWART.

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.

DECEMBER, 1830.

GEORGE N. STEWART.

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

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

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

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

262

438

18

402

14

18

229

169

30

43

132

589

483

57

435