Jemison v. Cozens
Supreme Court of Alabama
Appeal from the Court of Chancery for the fifth District of the Northern Division. The bill alleges, that Cozens, on the 6th August, 1839, procured an attachment at his own suit, to be levied on certain slaves, as the property of one Calhoun, and having afterwards, in March, 1841,recovered judgment on the attachment, he caused an order of sale or execution to be issued.
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Appeal from the Court of Chancery for the fifth District of the Northern Division. The bill alleges, that Cozens, on the 6th August, 1839, procured an attachment at his own suit, to be levied on certain slaves, as the property of one Calhoun, and having afterwards, in March, 1841,recovered judgment on the attachment, he caused an order of sale or execution to be issued. This was plac* ed in the hands of the sheriff of Tuskaloosa county, on the 7th April, 1841, and he, by virtue of it, seized and took the slaves into his possession; whereupon, the said Calhoun replevied the property by…
1Opinion of the CourtGoldthwaite, J.
The first position assumed by this bill, is that the condition of the forthcoming bond, was substantially complied with when the slaves were delivered to the sheriff, although this delivery was on a day subsequent to that stipulated.
This would be tenable, if the bond in this case had been entered into in consequence of any agreement between the parties, but it ceases to be so, when we consider the bond as imposed on the plaintiff in execution by statute, and that he is never consulted with respect to its execution. Indeed, in most cases, the effect of taking such a bond, is to delay the…
2Cases cited3 opinions
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Saddler v. GloverCourt of Appeals of Kentucky · 1837
- Laughlin v. FergusonCourt of Appeals of Kentucky · 1838
3Cited by6 opinions
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Mead v. FighSupreme Court of Alabama · 1842
- Brown v. HamilSupreme Court of Alabama · 1884
- Chandler v. CrawfordSupreme Court of Alabama · 1845
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