Supreme Court of Alabama, 1863

Phillipi v. Capell

Phillipi v. Capell
Supreme Court of Alabama · Decided January 15, 1863 · Walker
38 Ala. 575

Phillipi v. Capell

Opinion of the Court

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.

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