Kemp v. Porter
Supreme Court of Alabama
Error to the Circuit Court of Autauga. This was a suggestion by the plaintiffs in error that the defendant, sheriff of Benton county, could by due diligence, have made the money on an execution of the plaintiffs against Edward Herndon and W. C. Kelly, and having made out a prima facie case, rested.
Read the full summary
Error to the Circuit Court of Autauga. This was a suggestion by the plaintiffs in error that the defendant, sheriff of Benton county, could by due diligence, have made the money on an execution of the plaintiffs against Edward Herndon and W. C. Kelly, and having made out a prima facie case, rested. The sheriff then proved that four other executions which issued on judgments older than th at of the plaintiffs, came to the hands of his predecessor in office, and were levied by him on the same property this execution was levied on — that before the return day of the first execution, one Jesse G.…
1Opinion of the CourtOrmond, J.
— In this case an opinion was announced adverse to the plaintiffs in error at the last term of this Court, and upon their petition the cause has been again reheard. During the period that the cause has been under consideration, the case of Langdon & Co. v. Brumby, has been determined. Jt was there held that the levy of an execution and bond given to try the right of property under the statute, exempted the property so levied on from another levy, at the instance of a junior execution creditor,. This we understand to be the predicament of this case. Four executions senior to that of the…
2Cases cited1 opinion
- Rives v. WilborneSupreme Court of Alabama · 1844
3Cited by11 opinions
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Cordaman v. MaloneSupreme Court of Alabama · 1879
- Fulghum v. Williams Co.Supreme Court of Georgia · 1902
- Lockhart v. WyattSupreme Court of Alabama · 1846
- Spencer v. GodwinSupreme Court of Alabama · 1857
6 more not listed; retrieve them via the Exa API.