Simpson v. Simpson
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the TIon. JNO. E. Mooke. This action was brought by Abington Simpson against Stephen Simpson, to recover damages for the conversion of a horse, which the defendant had induced a constable to seize and sell under execution against one Baty. At the time of the levy, the horse was in the possession of plaintiff’ who had bought him from one Jones, who had procured him from said Baty in exchange for a mare.
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Appeal from the Circuit Court of Morgan. Tried before the TIon. JNO. E. Mooke. This action was brought by Abington Simpson against Stephen Simpson, to recover damages for the conversion of a horse, which the defendant had induced a constable to seize and sell under execution against one Baty. At the time of the levy, the horse was in the possession of plaintiff’ who had bought him from one Jones, who had procured him from said Baty in exchange for a mare. "While the horse belonged to Baty, and was in his possession, a constable levied an execution on him against said Baty, who thereupon…
1Opinion of the CourtRice, C. J.
Section 2462 of the Code declares, that one work horse “may be permanently retained, for the use” of any family in this State, exempt from levy and sale under legal process. The right thus to retain him is not complete, until it is asserted. If it is not asserted before he is sold under execution, it is lost. — Gresham v. 'Walker, 10 Ala. 370. If it is asserted before he is sold, it thereby becomes complete, and-the family cannot after-wards be deprived of his use by a levy or sale under any legal process. But if, after the exemption is thus claimed and becomes complete, he is sold by the…
2Cases cited1 opinion
- Gresham v. WalkerSupreme Court of Alabama · 1846
3Cited by12 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Hines v. DuncanSupreme Court of Alabama · 1885
- Bell v. DavisSupreme Court of Alabama · 1868
- Jarrell v. PayneSupreme Court of Alabama · 1884
- Henderson's Adm'r v. TuckerSupreme Court of Alabama · 1881
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