Nabors v. Camp


Nabors v. Camp


Case Number: 2206

Location: SC00079

Court Term: 1848 June

Catalog Record:

Collection Creator: Alabama. Supreme Court

Description: This case is summarized in Alabama Reports, volume 14, pages 460 through 464. Excerpt from the report: Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. Assumpsit by the plaintiff in error, against the defendant in error, in the county court of Talladega. The facts upon which a recovery was sought, may be thus stated. Camp sued one English, and pending the suit, sued out an ancillary attachment, which was levied on certain slaves, and replevied by English, with Nabors as his surety, but the replevy bond was made payable to the sheriff, instead of being taken to English, the plaintiff. Camp recovered judgment against English, and the replevy bond being returned forfeited, thereupon execution issued against English and Nabors, on the forfeited bond. After the execution issued, but before it was handed to the sheriff, Nabors had an interview with one Knox, the agent of Camp, and told him he believed he could reverse the case in the supreme court, but offered to compromise the matter, by paying $700, if Knox, as the agent of Camp, would give him a discharge from the debt, and damages, and refused to pay the costs, to which proposition Knox, as agent of Camp, agreed. The agent waited a few days, to enable Nabors to see English, the former alledging, that English had sold the negroes, and on his return from English's, paid Knox the $700, who thereupon indorsed the execution satisfied, as to the debt and damages, and left it with the wife of the sheriff. The costs, amounting to near $200, were paid afterward, but by whom is not stated. Subsequent to this, on motion of Nabors, the replevy bond, and the execution which issued upon it, were quashed for want of conformity to the statute. On these facts, the court charged the jury, that if the defendant Camp recovered the judgment as shown, and that execution was issued on the forfeited bond, and was paid by Nabors, and then the bond and execution were quashed, the plaintiff was entitled to recover. To which the defendant excepted. The defendant moved the court to charge - 1. That if Nabors paid the $700 as a compromise of a doubtful right, and that Camp entered satisfaction in full on the execution, in pursuance thereof, the plaintiff could not recover. 2. That if the money paid by Nabors was actually due to Camp, the former could not recover. 3. That if English and Nabors executed the bond, and in consequence thereof the negroes were delivered up to English, and that both English and Nabors failed to deliver them, and thereupon execution was issued on the bond - That Nabors agreed to pay $700 in full of all claim, and thereupon that Camp entered satisfaction of the whole claim, the plaintiff could not recover. These charges the court refused to give, and the defendant excepted. Judgment being rendered for the plaintiff Nabors, the defendant Camp prosecuted bis writ of error to the circuit court of Talladega, where the judgment of the county court was reversed, and the cause remanded. From the judgment of the circuit court, this writ is now prosecuted.

Division: Northeastern Division

Language: English

Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130

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Collection Title: Alabama Supreme Court case files

Subject - Topics: African Americans; Assumpsit; Debtor and creditor; Forfeiture; Slavery; Suretyship and guaranty

Subject - Places: Talladega County (Ala.)

Subject - People: Betsy, slave in Talladega County, Ala., of John English; Camp, Joseph; David, slave in Talladega County, Ala., of John English; English, John; Isaac, slave in Talladega County, Ala., of John English; Jacob, slave in Talladega County, Ala., of John English; Jordan, slave in Talladega County, Ala., of John English; Knox, William; Nabors, Lewis; Peter, slave in Talladega County, Ala., of John English

Time Period: 1840-1849

Case: Nabors v. Camp

Repository: Alabama Department of Archives and History

Source: From: Nabors v. Camp

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