McKenzie v. Hunt
Supreme Court of Alabama
Error from Lauderdale Circuit Court — Before the Hon. John White. This was a case, under the statute, for the trial of the right of property. The record disclosed, that the defendants in error had originally obtained a judgment against one Brice M. Mayfield, whereon a fieri facias had regularly issued. The sheriff returned on the execution that he had made a levy to satisfy the same on certain personal property desciibed in his return.
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Error from Lauderdale Circuit Court — Before the Hon. John White. This was a case, under the statute, for the trial of the right of property. The record disclosed, that the defendants in error had originally obtained a judgment against one Brice M. Mayfield, whereon a fieri facias had regularly issued. The sheriff returned on the execution that he had made a levy to satisfy the same on certain personal property desciibed in his return. Before a sale had been effected, of the property levied on, Booker claimed the same as trustee to a deed of trust, executed between the said Mayfield and one…
1Opinion of the Court
•By Mr. Chief-Justice Lipscomb :
This was a trial of the right of property in the court be1* low. The defendants in error were plaintiffs in an execution against one Bripe M. Mayfield, and caused the execution to be levied on certain property in the possession of May-field, which was claimed by one Booker, as trustee, to whom it had been-sold by Mayfield, to secure a debt due from him ' to McKenzie, the plaintiff in error. By the deed of sale it was expressed, that the'property should remain in the possession of Mayfield, the vendor; for a stipulated time. On the trial of the right of…
2Cases cited1 opinion
- Martin v. KellySupreme Court of Alabama · 1827
3Cited by2 opinions
- Stewart v. FowlerSupreme Court of Alabama · 1842
- Leiper v. GewinSupreme Court of Alabama · 1845