Whidden v. Toulmin
Supreme Court of Alabama
Wan? of Eitoi’ to the Circuit Court of Mobile. This was an action on the case, by the plaintiff in error, to recover damages of the defendant. 1. Because, as sheriff of Mobile, he levied on certain goods, &c. in a store house which the plaintiff had rented to George Harrington and Noah Harrington, and refused, on demand, to pay to him the rent due. 2. Because he unlawfully detained and kept possession of the store for several months.
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Wan? of Eitoi’ to the Circuit Court of Mobile. This was an action on the case, by the plaintiff in error, to recover damages of the defendant. 1. Because, as sheriff of Mobile, he levied on certain goods, &c. in a store house which the plaintiff had rented to George Harrington and Noah Harrington, and refused, on demand, to pay to him the rent due. 2. Because he unlawfully detained and kept possession of the store for several months. Among other facts, it was agreed by the parties, 1. That the plaintiff leased to Geo. Harrington, a store house in the city of Mobile, for one year, commencing…
1Opinion of the CourtCollier, C. J.
The question of the plaintiff’s right tobe paid his rent previous to the removal of the goods levied on by the defendant, depends upon the construction of the 35th section of the act of 1807, “concerning executions, and for the relief of insolvent debtors.” [Olay’s Dig. 210.] That section provides, that the goods and chattels being in or upon any messuage, lands and tenements, leased, &c. shall not be liable to be taken by virtue of any writ of execution, on any pretence whatever, unless the party so tak’ng the same shall, before the removal of the goods from such premises, pay or tender to…
2Cases cited1 opinion
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