Legal Opinion

Townsend v. Brooks

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 19 opinions

Appeal from the Circuit Court of Limestone. Tried before the Hon. II. C. Speaks. ■ The record in this case shows that, on the 17th February, 1883, Edward IT.

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Appeal from the Circuit Court of Limestone. Tried before the Hon. II. C. Speaks. ■ The record in this case shows that, on the 17th February, 1883, Edward IT. Brooks, the appellee, sued out an attachment against the crop of cotton raised under his supervision, during the year 1882, as superintendent of two plantations in 'said county, belonging to John B. McClellan ; that this attachment was levied by the sheriff, on the same day, on seventeen bales of cotton and about 4,800 pounds of cotton in the seed; that a claim to this property was thereupon interposed by B. M. Townsend, claiming under a…

1Opinion of the CourtSomeryille, J.

— Upon a 'trial involving the right of property which is levied on by execution or attachment, the statute provides that, if the jury subject the property to the payment of the execution or debt, “they must, as far’as practicable, assess the value, at the time of trial, of each article separately.” — Code, 1876, §3343. The statute is the same in reference to actions of detinue, involving the recovery of property in specie. — Code, § 2944. These provisions are manifestly for the mutual benefit and protection of the parties litigant, in the event of a failure to produce any portion of the…

2Cases cited4 opinions

  1. Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
  2. Shealy v. EdwardsSupreme Court of Alabama · 1882
  3. Scaife & Co. v. StovallSupreme Court of Alabama · 1880
  4. Seamans v. WhiteSupreme Court of Alabama · 1845

3Cited by19 opinions

  1. Gwin v. Emerald Co.Supreme Court of Alabama · 1918
  2. Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
  3. Foxworth v. Brown Bros.Supreme Court of Alabama · 1896
  4. Ballard v. First National Bank of BirminghamSupreme Court of Alabama · 1954
  5. Savage v. Russell & Co.Supreme Court of Alabama · 1887

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