Cambell v. Anderson
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. Action of trespass by the appellee, James R. Anderson, against the appellant, O. C. Cambell, as sheriff, to recover damages for the alleged wrongful levy of an execution upon a mule, which was the property of the plaintiff, and was not the property of the person against whom the execution was issued. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. Action of trespass by the appellee, James R. Anderson, against the appellant, O. C. Cambell, as sheriff, to recover damages for the alleged wrongful levy of an execution upon a mule, which was the property of the plaintiff, and was not the property of the person against whom the execution was issued. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the.request of the plaintiff gave to the jury the following written charge : “If the jury believe…
1Opinion of the CourtColeman, J.
This was an action of trespass by the appellee, Anderson, against the sheriff for the wrongful levy upon and sale of a mule. The defendant Campbell, the sheriff, for a defense pleaded justification by virtue of certain executions in his hands. The facts show that Anderson on and prior to January 14th, 1893, was the owner of the mule; that on that day he sold it on a credit to one Joe Fleming, securing the purchase price by a mortgage on the mule, which was executed at the time, and duly recorded. Prior to the 28th day of April the mortgagor, Fleming, sold the mule to a third party. The…
2Cited by1 opinion
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