Lanier v. Br. Bank
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. This was a trial of the right of property in. certain slaves, levied on by the sheriff of Tallapoosa county as the properly of Robert J. W. Crockett, under an execution against him from the County Court of Montgomery county in - favor of the defendant in error, and claimed by the plaintiff’in error as the trustee of Mrs. Crockett, wife of the defendant in execution* The plaintiff in execution…
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. This was a trial of the right of property in. certain slaves, levied on by the sheriff of Tallapoosa county as the properly of Robert J. W. Crockett, under an execution against him from the County Court of Montgomery county in - favor of the defendant in error, and claimed by the plaintiff’in error as the trustee of Mrs. Crockett, wife of the defendant in execution* The plaintiff in execution offered in evidence-a certified copy of the execution, which the sheriff of Tallapoosa had returned, together with the…
1Opinion of the Court
DARGAN, C. J?
1. The cases of Garrett v. Rhea, 9 Ala. 134, and Henderson v. The Branch Bank, 11 ib. 855, are conclusive to show'that the court did not err in permitting the copy of the execution to be read in evidence, without further proof than the return of the sheriff showing that it was a copy.
It is made th'e duty of the sheriff, when he levies on property to which a claim is interposed, if the execution shall have issued from another county, to make out a copy of the execution and return the same with the affidavit and bond, to the Circuit Court of th'e county in which the levy is made,…
2Cases cited3 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Hoot v. SorrellSupreme Court of Alabama · 1847
- Garrett v. RheaSupreme Court of Alabama · 1846
3Cited by15 opinions
- Dean v. StateCourt of Criminal Appeals of Alabama · 1975
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Puckett v. StateSupreme Court of Alabama · 1925
- Floyd v. PughSupreme Court of Alabama · 1917
- Morris v. HallSupreme Court of Alabama · 1868
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