Branch Bank at Mobile v. Ford
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. On the first day of October, 1846, a writ of execution, in favor of the bank, against James M. Harwood, William Ford, and Ennis Ford, defendants, was placed in the hands of the sheriff of Perry county, for $290 05, issued on a judgment rendered, in the county court of Mobile, on the 17th of Feb-; ruary, 1840. This fi. fa. was indorsed thus: “ The judgment in this case is satisfied, as per David…
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Writ of Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. On the first day of October, 1846, a writ of execution, in favor of the bank, against James M. Harwood, William Ford, and Ennis Ford, defendants, was placed in the hands of the sheriff of Perry county, for $290 05, issued on a judgment rendered, in the county court of Mobile, on the 17th of Feb-; ruary, 1840. This fi. fa. was indorsed thus: “ The judgment in this case is satisfied, as per David Chandler’s receipt, lodged with me, dated 13th April,, 1841. The sheriff will return this, for the branch bank will rule the…
1Opinion of the CourtDargan, J.
The rule is so well established, that a claimant of property cannot be permitted to question the propriety of the judgment, or the regularity of the execution, that it is unnecessary to refer to the numerous decisions in support of it. A claimant shall not be permitted even to show the satisfaction of the judgment. But I understand this rule to be limited to this extent, that the claimant shall not sustain his claim by showing such defects or irregularities. In the case at bar, the title of the claimant is older than the lien of the plaintiff, unless the plaintiff can show, that his lien is…
2Cases cited2 opinions
- Haden v. WalkerSupreme Court of Alabama · 1843
- Prewitt v. ChapmanSupreme Court of Alabama · 1844
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- Otey v. MooreSupreme Court of Alabama · 1850