Chenault's Administrators v. Walker
Supreme Court of Alabama
Errob to the Circuit Court of St. Clair. Tried before tbe Hon. Thomas A. Walker. This was au action of debt, brought by Walker against Ohenault in his lifetime, and after his death revived against his administrators, the present plaintiffs in error.
Read the full summary
Errob to the Circuit Court of St. Clair. Tried before tbe Hon. Thomas A. Walker. This was au action of debt, brought by Walker against Ohenault in his lifetime, and after his death revived against his administrators, the present plaintiffs in error. The suit was commenced 17th November, 1846. The facts of the case, as shown by the record, are these: The executors of Joel Chandler, in 1844, recovered judgment in the Circuit Court oí St. Clair against W alter, the plaintiff below, for the sum of $2987 TW A. writ of fi. fa. issued upon this judgment in September, 1844, and came into the hands of…
1Opinion of the CourtPhelan, J.
When this case was here before, (15 Ala. 605,) it was decided, that the facts of the case would not authorize an action under the statute for four fold the amount of the fees which had been charged and taken by the sheriff. See that decision.
We can treat it now only as an ordinary action of debt by Walker against Chenault, for money had and received. Such being its character, the right to revive against Chenault’s representatives, admits of no controversy.
The main question in the case may be put thus: Can a defendant, whose property has been sold under execution, and when the sheriff…
2Cases cited5 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Branch Bank at Montgomery v. SydnorSupreme Court of Alabama · 1845
- Chenault v. WalkerSupreme Court of Alabama · 1849
- Mitchell v. SanfordSupreme Court of Alabama · 1847
- Moore v. BarclaySupreme Court of Alabama · 1851