Carlisle v. May
Supreme Court of Alabama
Appeal from City Court of Selma. Heard before Hon. JNO. HaRAlsoN. Bill in equity by Robert C. Carlisle and others, heirs at law of Robert Carlisle, deceased, against Moody H. May, Alfred Gardner, as the administrator of the estate of Andrew H. Gardner, deceased, and the widow and children of said decedent, and against Mary Ford; and the case made thereby is briefly as follows: In 1868, Robert Carlisle departed this life, intestate, in Dallas county, in this State, and, after…
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Appeal from City Court of Selma. Heard before Hon. JNO. HaRAlsoN. Bill in equity by Robert C. Carlisle and others, heirs at law of Robert Carlisle, deceased, against Moody H. May, Alfred Gardner, as the administrator of the estate of Andrew H. Gardner, deceased, and the widow and children of said decedent, and against Mary Ford; and the case made thereby is briefly as follows: In 1868, Robert Carlisle departed this life, intestate, in Dallas county, in this State, and, after an administration in chief, Moody IT. May was, on 22d November, 1871, appointed administrator de bonis non of the…
1Opinion of the CourtSomerville, J.
The question raised by the action of the court, sustaining the demurrer to the bill, is embraced in the inquiry, as to what constitutes “the lapse of an entire *504term,” in the case of executions issued on judgments or decrees of the probate court, within the meaning of section 3210 of the present Code (1876).
It is provided by the latter section, that an execution is a lien, in the county within which it is received by the officer, on the lands and personal property of the defendant, subject to levy and sale, from the time when the writ comes into the hands of the sheriff, and continues only so…
2Cases cited1 opinion
- Gamble v. FowlerSupreme Court of Alabama · 1877
3Cited by3 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Harris v. HarrisSupreme Court of Alabama · 1922
- Gilmer v. BillingsU.S. Circuit Court for the District of Middle Alabama · 1890