Otey v. Moore
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. Trial of the right of property in a slave, levied on under an execution in favor of the plaintiff against James G. Carroll, and claimed by the defendant in error.
1Opinion of the CourtDargan, C. J.
An execution issued in favor of the plaintiff against James G. Carroll, and was placed in the hands of the sheriff of T uscaloosa county, who levied it on the slave in controversy, which was then in the possession of Carroll. After the levy was made, the sheriff entertaining doubts whether the slave was liable to be sold under the execution, demanded of the plaintiff a bond of indemnity to protect him against the *281consequences of a sale. The bond not being given, the sheriff discharged the levy and returned the slave to the posseesion of Carroll, and returned the execution to the court from…
2Cases cited3 opinions
- Burk's Adm'r v. JonesSupreme Court of Alabama · 1848
- Pickard v. PetersSupreme Court of Alabama · 1842
- Branch Bank at Mobile v. FordSupreme Court of Alabama · 1848
3Cited by4 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Cantaline v. StateSupreme Court of Alabama · 1859
- Cotten v. ThompsonSupreme Court of Alabama · 1854
- Branch Bank at Decatur v. McCollumSupreme Court of Alabama · 1852