Totten & Brother v. Sale & Co.
Supreme Court of Alabama
Appeai. from the Circuit Court of Madison. Tried before the lion. H. C. SpeaKe. This was a motion to set aside the levy of an attachment on certain personal property, described in the levy as “ one bay mare, about five or six years old, and one spring wagon.”
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Appeai. from the Circuit Court of Madison. Tried before the lion. H. C. SpeaKe. This was a motion to set aside the levy of an attachment on certain personal property, described in the levy as “ one bay mare, about five or six years old, and one spring wagon.” The attachment was in favor of W. W. Totten & Brother, against M. S. Sale & Co.; and the levy was made on December 10th, 1881. The motion to set aside the levy was made by M. S. Sale individually, the grounds on which it was made being thus stated: “ 1st, because the attachment was not issued and said levy made according to law; 2d,…
1Opinion of the CourtBricicell, C. J.
Upon personal property claimed as exempt from levy and sale for the payment of debts, if a declaration and claim of exemption has been filed in the office of the judge of probate of the county in which it is situate, a levy can not be made, unless the plaintiff in the process proposed to be levied, mate affidavit, and give bond, as prescribed by the statute. — Code of 1876, § 2830. The making of the affidavit, and giving the bond, are conditions precedent to a valid, lawful levy. A levy made without observing them is invalid and illegal, and may, on motion, be set aside by the court. There is…
2Cases cited1 opinion
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