Block v. Bragg
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. John II. Henry. This was a proceeding instituted by the appellant against tbe appellee, as sheriff of Wilcox county, fora summary judgment for failing to make the money on an execution, under the provisions of section 3358 of the Code of 1876. The cause was submitted to, and tried by the Circuit Court on an agreement of the parties, and an agreed state of facts.
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Appeal from Wilcox Circuit Court. Tried before Hon. John II. Henry. This was a proceeding instituted by the appellant against tbe appellee, as sheriff of Wilcox county, fora summary judgment for failing to make the money on an execution, under the provisions of section 3358 of the Code of 1876. The cause was submitted to, and tried by the Circuit Court on an agreement of the parties, and an agreed state of facts. These facts, as shown by the bill of exceptions, are substantially as followsOn December 14th, 1876, an execution was duly issued fiom tbe Circuit Court of' Wilcox county, on a…
1Opinion of the Court
BBICKELL, O. J.
After the levy of the execution, the defendant claimed the lands levied on as exempt, by a writing under oath. It is not stated expressly, that notice of the claim was given the plaintiff, but notice must be inferred from the fact, that the claim was contested by the plaintiff, by his making affidavit of its invalidity, and from the fact that notice does not seem to have been in the Circuit Court denied. It is the purpose of the statutes to avoid sales of property, real or personal, under judicial process, embarrassed by, or subject to claim of exemption. Such a sale would most…
2Cases cited1 opinion
- Randolph v. LittleSupreme Court of Alabama · 1878
3Cited by9 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Kennedy v. SmithSupreme Court of Alabama · 1892
- Block v. GeorgeSupreme Court of Alabama · 1887
- Toenes v. MoogSupreme Court of Alabama · 1885
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