Kelly v. Governor
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Before the Hon. G. W. Stone. Debt, against the plaintiffs in error, as security of Nabors, sheriff of Pickens county, in his official bond. The declaration sets out the bond, and assigns two breaches of the condition. First, the failure of the sheriff to make the money oaa.fi. fa. described in the declaration,• second, for not paying over the money collected by him on the fi. fa.
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Error to the Circuit Court of Pickens. Before the Hon. G. W. Stone. Debt, against the plaintiffs in error, as security of Nabors, sheriff of Pickens county, in his official bond. The declaration sets out the bond, and assigns two breaches of the condition. First, the failure of the sheriff to make the money oaa.fi. fa. described in the declaration,• second, for not paying over the money collected by him on the fi. fa. On the trial, a bill of exceptions was sealed by the presiding judge, which shows, that the plaintiff introduced and read to the jury, a fi. fa. issued on the 6th day of…
1Opinion of the CourtDargan, J.
If a sheriff sell property under an execution, and consummate the sale by investing the purchaser with the title, he is liable for the amount bid, whether he has received it from the purchaser or not; for it was his own folly, that he parted with the property without receiving the purchase money, and he must be liable for his own misconduct. Denton v. Livingston, 9 John. Rep. 96. But it is equally clear, that if a sheriff offer to sell real or personal property, and a sum is bid for it, and it is knocked off to the bidder, who afterwards refuses to pay for it, and.the sheriff, in consequence…
2Cases cited3 opinions
- Denton v. LivingstonNew York Supreme Court · 1812
- Robinson v. GarthSupreme Court of Alabama · 1844
- Elmore v. HarrisSupreme Court of Alabama · 1848
3Cited by3 opinions
- Wilson v. BrownSupreme Court of Alabama · 1877
- Hanson v. PattersonSupreme Court of Alabama · 1850
- Moore v. BarclaySupreme Court of Alabama · 1851