Legal Opinion

Erwin's Lessee v. Dundas

Supreme Court of the United States

Decided December 30, 1845PublishedCited by 20 opinions

This case came up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama. It was an action of ejectment brought by Erwin, the plaintiff in error, to recover a lot in the city of Mobile, known as Hitchcock’s cotton-press, bounded on the north by Main Street, on the east by Water Street, on the south by Massachusetts Street, and on the west by Royal Streét, under the following state of facts.

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This case came up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama. It was an action of ejectment brought by Erwin, the plaintiff in error, to recover a lot in the city of Mobile, known as Hitchcock’s cotton-press, bounded on the north by Main Street, on the east by Water Street, on the south by Massachusetts Street, and on the west by Royal Streét, under the following state of facts. Prior to November, 1836, Henry Hitchcock was seized and possessed of the above lot, and on the 2d of November, 1836, a judgment was recovered against him in the…

1Opinion of the CourtJustice Nelson

The first execution issued upon the judgment, in this case, was issued on the 18th of August, 1838, during the lifetime of both the defendants, and- was therefore regular and valid ; but, according to the return of the sheriff, a levy was made only upon the property of James, the surety, and was abandoned when the proceedings at law were enjoined by the bill in chancery. We may, therefore, lay this execution out of the case. For, although, according to the law of Alabama, when an execution has been issued during the lifetime of a defendant, but not executed, an alias or pluries may go after…

2Cases cited4 opinions

  1. Woodcock v. BennetNew York Supreme Court · 1823
  2. Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
  3. People v. W. P. HaskinsNew York Supreme Court · 1831
  4. Stymets v. BrookNew York Supreme Court · 1833

3Cited by20 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Cook v. SparksTexas Supreme Court · 1877
  3. Commissioners of Jefferson County v. LinebergerMontana Supreme Court · 1878
  4. Tompkins v. . HyattNew York Court of Appeals · 1859
  5. Frizzell v. JohnsonTexas Supreme Court · 1867

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