Lamkin v. Crawford
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Assumpsit by Crawford, for the use of William T. Sireety, against Lamkin. The declaration has three counts, which were severally demurred to.
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Writ of Error to the Circuit Court of Lowndes. Assumpsit by Crawford, for the use of William T. Sireety, against Lamkin. The declaration has three counts, which were severally demurred to. The first count sets forth, that Crawford, as the Marshal of the United States for the Southern District of Alabama, had levied an execution, issued from the Circuit Court of the United States for that district, in favor of one Hall against Harden, Marcus, and Levi Pruitt, on a certain slave, and on the 7th January, 1839, exposed the same to sale, at public outcry, upon the terms, that the highest bidder…
1Opinion of the CourtGoldthwaite, J.
1. The general question as to the right of a sheriff to maintain an action against a purchaser refusing to comply with the contract of sale, arising out of his bid, at sheriff’s sale, was settled in Robinson v. Garth, 6 Ala. Rep. 204; but in that case there was no objection taken to the mode of declaring. The objection to the first count of this declaration, as insisted here, is, that if the slave remains unsold, in the marshal’s hands, no injury has been sustained by any one, as it cannot be known but more money will be produced by a resale. This may be answered by a reference to the…
2Cases cited2 opinions
- Bement v. SmithNew York Supreme Court · 1836
- Robinson v. GarthSupreme Court of Alabama · 1844
3Cited by7 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Howison v. OakleySupreme Court of Alabama · 1897
- Definite Contract Building & Loan Ass'n v. TuminSupreme Court of Virginia · 1932
- Starr Jobbing House v. May Hosiery MillsSupreme Court of Alabama · 1922
- McCartney v. KingSupreme Court of Alabama · 1854
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