Abercrombie v. Hall
Supreme Court of Alabama
Weit of error to the Circuit Court of Talladega. This was an action of trespass, at the suit of the plaintiff in error, brought as well to try titles to certain lands described in the indorsement on the writ and in the declaration, as to recover damages for the occupancy and detention of the same. The cause was tried upon the general issue, a verdict returned for the defendant, and judgment thereon rendered.
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Weit of error to the Circuit Court of Talladega. This was an action of trespass, at the suit of the plaintiff in error, brought as well to try titles to certain lands described in the indorsement on the writ and in the declaration, as to recover damages for the occupancy and detention of the same. The cause was tried upon the general issue, a verdict returned for the defendant, and judgment thereon rendered. On the tria}, a question of law was reserved by bill of exceptions, at the instance of the plaintiff which may be thus stated? James Hall, the husband of the plaintiff, became a surety of…
1Opinion of the Court
COLLIER, C. 1.
In Lucas v. Doe ex dem. Price, [4 Ala. Rep. 679,] we held, that where an original fieri facias was issued in the lifetime of the defendant, and returned unexecuted, an alias or pluries fi. fa. issued after his death, will not authorise the levy on, and sale of, lands of which the defendant died seized.— That “by the death of the defendant, his lands descend to his heii's, or vest as he may devise by will, and the mandate of an execution which directs the sheriff to make of them the amount Of a judgment, must be wholly inoperative and void. In fact, such a writ could never be…
2Cases cited2 opinions
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
3Cited by7 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Brown v. ParkerIllinois Supreme Court · 1853
- Fry v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Burk's Adm'r v. JonesSupreme Court of Alabama · 1848
- Nicolson v. BurkeSupreme Court of Alabama · 1849
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