Bolling & Son v. Vandiver & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 17th December, 1888, by W. F. Vandiver & Co., a mercantile partnership in Montgomery, against R. E. Bolling & Son, Lehman, Durr & Co., Goetter, Weil & Co., J. E. Latham, and others; and sought principally to have a receiver appointed to take possession of certain mules and horses, crops of cotton and corn, on which complainants held a mortgage…
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Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 17th December, 1888, by W. F. Vandiver & Co., a mercantile partnership in Montgomery, against R. E. Bolling & Son, Lehman, Durr & Co., Goetter, Weil & Co., J. E. Latham, and others; and sought principally to have a receiver appointed to take possession of certain mules and horses, crops of cotton and corn, on which complainants held a mortgage executed to them by said Latham, and on which the sherifi' had levied an execution in favor of R. E. Bolling c% Son,…
1Opinion of the CourtStone, C. J.
In August, 1888, R E. Bolling & Son recovered a judgment against J. E. Latham. Execution issued for the collection of such judgment, and the sheriff, on the 22d October, 1888, entered thereon a levy, affirming that he had levied on mules and horses, corn and cotton. If there was any of the corn or cotton ungathered, the levy and return do not show it. Execution can not be levied on growing or ungathered crops, except for the purpose of enforcing certain liens. — Code 1886, g 2893. The present case does notfall within the exceptions.
On the day next after the indorsed levy, Latham, with Paulk…
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