Doremus, Suydam & Co. v. Walker
Supreme Court of Alabama
Writ of error to the Circuit Court of Lowndes. This was a motion to quash the levy made and indorsed by the sheriff on a writ offieri facias.
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Writ of error to the Circuit Court of Lowndes. This was a motion to quash the levy made and indorsed by the sheriff on a writ offieri facias. The facts, so far as material, may be thus condensed: A judgment was rendered on the 4th April, 1842, on which thefi. fa. in question was received the 7th May, 1842, and returned by the sheriff that he had levied the same on the 15th June next thereafter, on certain slaves (naming them,) that a claim had been interposed by a third person, and bond executed, with surety, to try the right. On the 15th August, 1842, the defendant filed his petition in the…
1Opinion of the CourtCollier, C. J.
The eighth section of the act of 1807, “concerning executions,” &c. enacts that “ No writ oí fieri facias, or other writ of execution, shall bind the property of the goods against which such writ is sued forth, but from the time that such writ shall be delivered to the sheriff,” &c. “ to be executed,” &c. [Clay’s Dig. 208, §41.]
By the act of 1812, it is provided, that where a sheriff shall levy an execution on property claimed by a third person, the claimant shall make oath to the same, and give bond to the plaintiff, with surety in a sum equal to the amount of the execution; conditioned to…
2Cases cited4 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Rives v. WilborneSupreme Court of Alabama · 1844
- Hopkins v. LandSupreme Court of Alabama · 1842
- Bartlett v. Doe ex dem. GayleSupreme Court of Alabama · 1844
3Cited by6 opinions
- Wright v. MannsIndiana Supreme Court · 1887
- Crowe v. ReidSupreme Court of Alabama · 1876
- Stewart v. HargroveSupreme Court of Alabama · 1853
- Brown v. NewmanSupreme Court of Alabama · 1880
- Hurlbutt v. CurrierSupreme Court of New Hampshire · 1894
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