Jones v. Davis
Supreme Court of Alabama
This was a proceeding under the statute, in the Circuit Court of Tuscaloosa, to try the right to some cotton, which was levied on by a writ of fieri facias, issued from that Court, at the suit of the plaintiff, against the goods and chattels, &c., of William Carroll. The cotton was claimed by the defendant in error, and an issue made up and submitted to the jury for the trial of the question, whether the property was liable to the plaintiff’s execution.
Read the full summary
This was a proceeding under the statute, in the Circuit Court of Tuscaloosa, to try the right to some cotton, which was levied on by a writ of fieri facias, issued from that Court, at the suit of the plaintiff, against the goods and chattels, &c., of William Carroll. The cotton was claimed by the defendant in error, and an issue made up and submitted to the jury for the trial of the question, whether the property was liable to the plaintiff’s execution. On the trial the plaintiiF excepted to the ruling of the presiding Judge, and her exceptions are now certified to this Court as part of the…
1Opinion of the CourtCollier, C. J.
— The questions presented by the assignment of errors, arise upon the bill of exceptions. It is insisted :
1. The lien created by the delivery of the plaintiff’s execn*733tion to the sheriff, could not be defeated by the subsequent levy of the executions issued by the justice of the peace.
2. That the excess of cotton beyond what was necessary to satisfy the executions, at the suit of the defendant, was sold without the'authority of law, and should be condemned to the satisfaction of the plaintiff’s execution.
3. The executions issued by the justice of the peace, were inadmissible evidence in…
2Cases cited2 opinions
- Tiernan v. WilsonNew York Court of Chancery · 1822
- Woods v. MonellNew York Court of Chancery · 1815
3Cited by9 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Watson v. StateSupreme Court of Alabama · 1879
- Anniston Pipe Works v. WilliamsSupreme Court of Alabama · 1894
- Dean v. LuskSupreme Court of Alabama · 1941
4 more not listed; retrieve them via the Exa API.