Garrett v. Rhea
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Trial of the right of property. An execution issued from the County Court of Cherokee, in favor of William Holloway, administrator of Charles Holloway, against Warren Washington, and came to the hands of the sheriff of Benton, by whom it was levied on a slave, and a claim interposed by plaintiff in error.
Read the full summary
Error to the Circuit Court of St. Clair. Trial of the right of property. An execution issued from the County Court of Cherokee, in favor of William Holloway, administrator of Charles Holloway, against Warren Washington, and came to the hands of the sheriff of Benton, by whom it was levied on a slave, and a claim interposed by plaintiff in error. The sheriff returned the original execution to the Court from which it issued, and returned a copy to the Circuit'Court of Benton, upon which he indorsed the levy, &c., with a certificate, as follows: “ I, Robert S. Porter, sheriff of Benton county,…
1Opinion of the CourtOrmond, J.
The 2d section of the act of 1828, Clay’s Dig- 213, § 63, provides, that when property was levied on by virtue of an execution from another county, and a claim interposed to try the right, that the sheriff shall return the original to the county whence it came, with his return thereon, and make out a copy of the same, and his return thereon, •and return the copy to the court of the county in which the •levy was made; “ and the copy of such execution shall be sufficient for the court to proceed on, and try the right of the propertyleviedon.”
This the sheriff has done in this case, in strict…
2Cases cited1 opinion
- State v. GreenwoodSupreme Court of Alabama · 1837
3Cited by1 opinion
- Lanier v. Br. BankSupreme Court of Alabama · 1851