Gayle v. Martin
Supreme Court of Alabama
,THJE-defendants in error, brought an action of debt, against :the plaintiffs, on a penal bond in the sum of. one - thousand dollars. ■ ; The defendants demurred to the declaration, and their demurrer was sustained.
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,THJE-defendants in error, brought an action of debt, against :the plaintiffs, on a penal bond in the sum of. one - thousand dollars. ■ ; The defendants demurred to the declaration, and their demurrer was sustained. Thereupon, the-plaintiffs filed an amended declaration, which was also demurred to. - The amended declaration sets out, -that the plaintiffs, on the'23d of October, ,1838, commenced a suit by libel, in the County Court of Dallas, .against,the steam-boat Fox, her tackle, apparel and furniture, .upon which such proceedings were had, that the boat was .seized by.the sheriff of…
1Opinion of the CourtCollier, C. J.
It is unnecessary to consider whether a1 bond, which appears-on its face to be merely gratuitous, can-be recovered by the obligee, as -the bond declared on, appears-to'be 'founded upon.a sufficient legal consideration. - The libel' against the steam-boat, in its effect, is unlike • an ordina--rv. action at-law; by the seizure- of the boat, the libellants acquired a specific.lien upon it, which'-could only be'discharged by the execution of a stipulation, such as-the statutes,-giving this extraordinary, -remedy,. prescribe. 5 Porter’s Rep. 251 Richardson, et al. v. Cleaveland & Huggins. The…
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