Campbell v. Spence
Supreme Court of Alabama
Eiuton to the Circuit Court of Talladega. This was a motion by the plaintiff against the defendant,. ■sheriff of Talladega, for failing to pay over money on an execution against one Chandler and William H. Moore. The defendant in error having realized a sum of money by the sale of some lands of Moore, by his return on several exer cutio ns, brought the money into Court, in discharge of the eldest liens, and this motion was made for the purpose of ascertaining that fact.
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Eiuton to the Circuit Court of Talladega. This was a motion by the plaintiff against the defendant,. ■sheriff of Talladega, for failing to pay over money on an execution against one Chandler and William H. Moore. The defendant in error having realized a sum of money by the sale of some lands of Moore, by his return on several exer cutio ns, brought the money into Court, in discharge of the eldest liens, and this motion was made for the purpose of ascertaining that fact. The Court rendered judgment in favor of the sheriff on an agreed case, from which it appears that the judgment of the…
1Opinion of the CourtOrmond, J.
The decision of this case depends on the ascertainment of certain principles which may be thus stated : First — What is the extent of the lieu created on lands by the rendition of a judgment?
In the case of Morris v. Hill, [3 Ala. Rep. 560,] we held that a judgment created a lien on real estate, but it was not then necessary to determine its extent, as the lands were situate in the county where the judgment was rendered. The conclusion there attained was derived from the intention of the Legislature, manifested in the different statutes, by which lands bad been subjected to the discharge of…
2Cases cited3 opinions
- Morris v. EllisSupreme Court of Alabama · 1842
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Benjamin v. SmithNew York Supreme Court · 1830
3Cited by32 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Pollard v. CockeSupreme Court of Alabama · 1851
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Ryan v. CouchSupreme Court of Alabama · 1880
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