Cobb v. Cage
Supreme Court of Alabama
Writ of error to the Circuit Court of Madison. This was the trial of the right of property, pursuant to the statute. The facts are disclosed by a bill of exceptions, and are substantially as follows.- The plaintiff in execution recovered a judgment against Benjamin Huggins, in the County Court of Madison, on the 15th February, 1841, for $185 11, besides costs; an alias fi.fa. was issued thereupon, on the 23d of March, 1S43, and placed in the sheriff’s hands on the 24th of…
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Writ of error to the Circuit Court of Madison. This was the trial of the right of property, pursuant to the statute. The facts are disclosed by a bill of exceptions, and are substantially as follows.- The plaintiff in execution recovered a judgment against Benjamin Huggins, in the County Court of Madison, on the 15th February, 1841, for $185 11, besides costs; an alias fi.fa. was issued thereupon, on the 23d of March, 1S43, and placed in the sheriff’s hands on the 24th of the same month. Huggins, by deed of trust, executed on the 30th November, 1840, conveyed two slaves, viz: Charity and…
1Opinion of the CourtCollier, C. J.
— The mere announcement of the sheriff • that he levied the execution, without any effort to acquire possession of the slaves was inoperative for all purposes. An officer must actually seize the goods on a fieri facias before he can sell; though it has been said that a seizure of a part in the name of the whole, is a good seizure of all. [5 Dane’s Ab. 39.]
A regular levy on the defendant’s goods invests the officer with a special property in them, and he may have trespass or tro-ver against any one who takes them away; for he is answera- . ble to the plaintiff for their value, and the…
2Cases cited3 opinions
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- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Magee v. CarpenterSupreme Court of Alabama · 1842
3Cited by8 opinions
- Crawford v. NewellSupreme Court of Iowa · 1867
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Andrews v. KeithSupreme Court of Alabama · 1859
- Easley v. WalkerSupreme Court of Alabama · 1846
- Cawthorn v. McCrawSupreme Court of Alabama · 1846
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