Bagby v. Reeves
Supreme Court of Alabama
Error to the Circuit Court of Pike. Tried before the Hon. John D. Phelan. The Branch of the Bank of the State of Alabama at Montgomery, recovered a judgment against lucien Reeves on the 27th November, 1841, for $430 fvV, on which execution regularly issued.
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Error to the Circuit Court of Pike. Tried before the Hon. John D. Phelan. The Branch of the Bank of the State of Alabama at Montgomery, recovered a judgment against lucien Reeves on the 27th November, 1841, for $430 fvV, on which execution regularly issued. Four other executions were subsequently issued at irregular periods on the same judgment, the last of which was issued on the 27th November, 1850. A. P. Bagby, Governor, &c., for tbe use of Pike County, obtained a judgment against Reeves on tbe 18tb September, 1843, for $448 TVo- Execution was regularly issued on this judgment, an alias…
1Opinion of the CourtLigon, J.
There can be no doubt that tbe money arising from tbe sale of tbe lands levied on by tbe sheriff, was rightly appropriated by the judgment and direction of tbe court below. Tbe judgment of tbe Branch Bank was nearly two years prior in point of time to that in favor of tbe plaintiff in error. It created the first lien, and was consequently entitled to priority of satisfaction. Campbell v. Spence, 4 Ala. 543; Quinn v. Wiswall, 7 ib. 645.
Let tbe judgment be affirmed.
2Cases cited1 opinion
- Campbell v. SpenceSupreme Court of Alabama · 1843
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