Ross v. Hannah
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried beforelhe Hon. Nathan Cook. Trover by (he plaintiff against the defendant in error to recover damages for the conversion of a horse. The horse in question was seized and sold by the defendant, as a constable, under an execution for $45, against the plaintiff, who at the time of the levy was in possession of another horse, and a pair of work oxen, the latter of which were claimed by 1ns minor son.
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Error to the Circuit Court of Lowndes. Tried beforelhe Hon. Nathan Cook. Trover by (he plaintiff against the defendant in error to recover damages for the conversion of a horse. The horse in question was seized and sold by the defendant, as a constable, under an execution for $45, against the plaintiff, who at the time of the levy was in possession of another horse, and a pair of work oxen, the latter of which were claimed by 1ns minor son. The horse levied on was worth about seventy, and the other about ten dollars. On the day of sale the plaintiff for the first time elected to claim the…
1Opinion of the CourtParsons, J.
The plaintiff brought his action of trover to recover damages of the defendant for taking and converting a horse, which the plaintiff claimed under the statute which exempts certain property from sale under execution. The defendant, as a constable, levied an execution against the plaintiff on the horse, and sold him. It appears that the plaintiff at the time had two horses, and that a pair of oxen was in his possession. which was claimed by his son, who was a minor and a member of his family; and the defendant’s counsel now contends that the oxen were really the property of the plaintiff.…
2Cases cited3 opinions
- Noland v. WickhamSupreme Court of Alabama · 1846
- McGee v. AndersonCourt of Appeals of Kentucky · 1841
- Jordan v. AutreySupreme Court of Alabama · 1846
3Cited by9 opinions
- Alley v. DanielSupreme Court of Alabama · 1883
- Florida Loan & Trust Co. v. CrabbSupreme Court of Florida · 1903
- Webb v. EdwardsSupreme Court of Alabama · 1871
- Bray & Bros. v. LairdSupreme Court of Alabama · 1870
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
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