Evans v. Lamar
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Tried before the Hon. A. B. Moore. On the 25th August, 1849, George R. Evans sued out a writ of fi. fa. against Obediah Lamar, on a judgment in his favor in the County Court of Autauga, for the sum of $632,06, which came to the hands of the sheriff of that county, on the 29th August, 1849, and was returned by him endorsed “ not received in time to make the money,” on the 13th September, 1849. An alias fi. fa. was issued on the 13th, and…
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Error to the Circuit Court of Autauga. Tried before the Hon. A. B. Moore. On the 25th August, 1849, George R. Evans sued out a writ of fi. fa. against Obediah Lamar, on a judgment in his favor in the County Court of Autauga, for the sum of $632,06, which came to the hands of the sheriff of that county, on the 29th August, 1849, and was returned by him endorsed “ not received in time to make the money,” on the 13th September, 1849. An alias fi. fa. was issued on the 13th, and came to the hands of the sheriff, on the loth September, 1849. This fi. fa. is returned, levied on 4 bales of cotton,…
1Opinion of the CourtLigon, J.
— Two questions are raised on the record by the assignment of errors: 1. Is an execution in the hands of the sheriff a lien on the ungathered crop of the defendant? 2. Is the deed from Obediah Lamar to Dent Lamar fraudulent on its face, and void as to his creditors ?
1. While it may be conceded that an ungathered crop is regarded as the chattel of the person who owns it, and, by the common law, is subject to be levied upon and sold under execution for the payment of his debts; yet the legislature of this State has, by special enactment, exempted such property from levy and sale under…
2Cases cited6 opinions
- Graham v. LockhartSupreme Court of Alabama · 1845
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Lockwood v. NelsonSupreme Court of Alabama · 1849
- Adams v. TannerSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Levystein v. WhitmanSupreme Court of Alabama · 1877
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
- Edwards v. ThompsonTennessee Supreme Court · 1887
- Miller v. Stetson & Co.Supreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.