Sandlin v. Anderson, Green & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. James Aiken. This was a statutory trial of the right of property in and to two mules, a buggy and harness, between Anderson, Green & Co., plaintiffs in execution against William Conant, and Daniel Sandlin as claimant; and on the death of said claimant, the suit was revived in favor of his administrators, who are the appellants.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. James Aiken. This was a statutory trial of the right of property in and to two mules, a buggy and harness, between Anderson, Green & Co., plaintiffs in execution against William Conant, and Daniel Sandlin as claimant; and on the death of said claimant, the suit was revived in favor of his administrators, who are the appellants. The plaintiffs’ judgment is not set out in the record, but the execution which was levied on the property recited that they “recovered judgment before B. E. Still, on the 7th August, 1880, for one hundred…
1Opinion of the CourtStone, C. J.
— 1. “The sheriff is authorized to execute all mesne and final process which is required of constables,” etc. — Code of 1876, § 731. The execution in this case was not void. — 2 Brick. Dig. 480, § 71.
2. Proof of former executions issued on the same judg*333menfimay have been unnecessary, but it could not possibly have done the claimant any harm.
3. Conant was the defendant in execution, and the appellants in this case were the claimants. Claimants were mortgagees under a mortgage dated February, 1881, and due in December, 1881. The levy .and claim were between these dates, and before the law-day…
2Cases cited1 opinion
- Munter v. LeinkauffSupreme Court of Alabama · 1885
3Cited by3 opinions
- Street v. DuncanSupreme Court of Alabama · 1897
- Johnson v. Whitfield & PinckardSupreme Court of Alabama · 1899
- Campbell v. SmithSupreme Court of Alabama · 1896