Freeny v. Ware
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Motion by Freeny, to quash a writ offi. fa. and its levy* on certain lands, issued on the 20th of April, 1844, at the suit of Ware & Warren, on a judgment obtained by them against Freeny, at the October term, for 1842, entered on the 24th October.
Read the full summary
Writ of Error to the Circuit Court of Macon. Motion by Freeny, to quash a writ offi. fa. and its levy* on certain lands, issued on the 20th of April, 1844, at the suit of Ware & Warren, on a judgment obtained by them against Freeny, at the October term, for 1842, entered on the 24th October. In support of the motion, it was proved that Freeny filed bis petition in bankruptcy in the proper court, on the 17th November, 1842, and that he was, on the first Monday of May, 1843, fully discharged from all his debts, by the decree, &c. The court refused the motion, and this is now assigned as error.…
1Opinion of the CourtGoldthwaite, J.
An opinion in this case is necessary only to distinguish it from that of McDougald v. Reed, 5 Ala. R. 810. The description of the levy made in that case, is not stated in the report. We have again looked into the . record, and find the judgment was entered, and the execution issued after the petition in bankruptcy. The levy was made of slaves. It is evident therefore, no lien was created, either by the execution or levy, which the creditor was entitled to enforce against the bankrupt’s assignee, and it not being pretended the certificate was void on account of fraud, the levy was properly…
2Cited by1 opinion
- Stewart v. HargroveSupreme Court of Alabama · 1853