Blount v. Traylor
Supreme Court of Alabama
Wext of Error to the Circuit Court of Chambers. Claim, under the statute, to a slave levied on at the suit of ■Traylor by an execution against John Davis. , The facts, so far as they are connected with the only matter ■¡decided by the Court, are these : Davis died on the 8th of October, 1840, no execution having then issued. On the 23d of the same month, this execution •was issued, and levied on the 2d of November of the same .year on the slave in controversy.
Read the full summary
Wext of Error to the Circuit Court of Chambers. Claim, under the statute, to a slave levied on at the suit of ■Traylor by an execution against John Davis. , The facts, so far as they are connected with the only matter ■¡decided by the Court, are these : Davis died on the 8th of October, 1840, no execution having then issued. On the 23d of the same month, this execution •was issued, and levied on the 2d of November of the same .year on the slave in controversy. Blount and Stanley took ■out administration on Davis’ estate and interposed their claim on .the 1st March, 1841. At the trial the…
1Opinion of the CourtGoldthwaite, J.
The matter in question here, is not merely whether the execution is void in consequeuce of having issued after the death of Davis, for as between these parties the validity of the execution cannot be inquired into. [Bettis v. Taylor, 8 Porter, 564.] But considered in another aspect, the fact that Davis died before any lien existed on his goods, is quite decisive of this case. The plaintiff in execution not having sued out his execution in the lifetime of his debtor, has no claim which is entitled to a preference over any other creditor, and as by the administration the title to the decedent’s…
2Cases cited1 opinion
- Bettis v. TaylorSupreme Court of Alabama · 1839
3Cited by6 opinions
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843
- Stratton v. HamIndiana Supreme Court · 1856
- Nuckols v. MahoneSupreme Court of Alabama · 1849
- Martin v. DollarSupreme Court of Alabama · 1858
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.