Woolfolk v. Ingram
Supreme Court of Alabama
Appeal from Circuit Court of Russell. Tried before Hon. J. E. Cobb. In 1868 Ingram commenced suit by attachment against Chapman. A levy was made upon personal property, which was restored to him upon his executing a replevy bond with sureties, conditioned according to the statute.
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Appeal from Circuit Court of Russell. Tried before Hon. J. E. Cobb. In 1868 Ingram commenced suit by attachment against Chapman. A levy was made upon personal property, which was restored to him upon his executing a replevy bond with sureties, conditioned according to the statute. Chapman having died pending suit and before judgment, his executor, Mott, was made defendant on the 8th day of May 1871, and judgment rendered against him at the November term Í871, of the circuit court, upon which execution issued. Mott died January 5th 1873. On the 31st day of December, 1873, the sheriff returned…
1Opinion of the CourtBrickell, C. J.
The only question presented is whether a statutory execution may issue against the sureties on a replevy bond, for property attached, on a failure to deliver the property, after judgment in the attachment suit, against the personal representative of the principal obligor, he having died pending suit.
The- statute ‘authorizing the replevy of property attached, requires a bond executed by the defendant in attachment, or a stranger, payable to the plaintiff, in double the amount of the demand sued for, with condition that if he fail in the action, he or his sureties will return the specific…
2Cases cited10 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Lamar v. GunterSupreme Court of Alabama · 1864
- Hale v. CummingsSupreme Court of Alabama · 1842
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- McEachin v. ReidSupreme Court of Alabama · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Phillips v. Ash's Heirs & Adm'rsSupreme Court of Alabama · 1879
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Arbo v. State Bank of ElbertaSupreme Court of Alabama · 1932
2 more not listed; retrieve them via the Exa API.