Bradford v. Dawson
Supreme Court of Alabama
Writ of error to the Circuit Court of Coosa County. Claim of property levied on by execution. Bradford caused a writ of fieri facias against the goods of one William J. Campbell to be levied by the Sheriff of Coosa county. The goods levied on, were claimed by A. B. Dawson and John Alexander Campbell, under the statute; and a claim bond executed by Campbell, with one Haggerty as surety.
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Writ of error to the Circuit Court of Coosa County. Claim of property levied on by execution. Bradford caused a writ of fieri facias against the goods of one William J. Campbell to be levied by the Sheriff of Coosa county. The goods levied on, were claimed by A. B. Dawson and John Alexander Campbell, under the statute; and a claim bond executed by Campbell, with one Haggerty as surety. This bond is payable to John A. Chapman, Coroner of Coosa county, and recites the levy, and is conditioned to pay the plaintiff in execution all damages, which the jury, on the trial of the right of property,…
1Opinion of the CourtGoldthwaite, J.
1. The concession that the bond is defective, is propely made, as we have already decided, that the act of 1828; Dig. 169, S. 55, repeals so much of the previous statutes, as made two bonds necessary. Hughes v. Rhea, *206Conner & Co. 1 Ala. Rep. 609. The bond at present required, is made payable to the plaintiff in execution and the condition, contains the substance of the two, which were previously required to be given.
2. The claim bond is intended as a security for the plaintiff in the execution; and although he may insist on the execution of such a one as the statute directs, yet the claim…
2Cases cited1 opinion
- Hughes v. Rhea, Conner & Co.Supreme Court of Alabama · 1840
3Cited by30 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Parsons v. BoydSupreme Court of Alabama · 1852
- Graham v. LockhartSupreme Court of Alabama · 1845
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