Newcombe v. Leavitt
Supreme Court of Alabama
Error to tbe Circuit Court of Sumter. Tried before tbe Hon. TURNER Reayis. This was a trial oe the right of property in certain slaves, which were levied on under an execution in favor of the defendants in error, as the property of Elias C. Fields, and were claimed by the plaintiff in error under the statute.
Read the full summary
Error to tbe Circuit Court of Sumter. Tried before tbe Hon. TURNER Reayis. This was a trial oe the right of property in certain slaves, which were levied on under an execution in favor of the defendants in error, as the property of Elias C. Fields, and were claimed by the plaintiff in error under the statute. On the trial a bill of exceptions was allowed, which shows that the first execution issued on the judgment of the defendants in error, came to the sheriff’s hands in Greene county, where the said Fields lived, on the 20th of February, 1843, and was renewed from term to term regularly…
1Opinion of the CourtGibbons, J.
It is the settled law in the State of Alabama, that an execution creates a lien from the date of its receipt by the sheriff, on the personal property of the debtor, within the body of the county to which it runs. It is also settled by judicial decision, that this lien is not lost, but suspended merely, by a removal of the property from the county where the lien first attached to another county in the State, if the creditor permits no term to elapse without the issue of an *637execution. Hill v. Slaughter, 7 Ala. 632. It is also decided in the case of McMahan v. Greene, 12 Ala. 71, that the lien…
2Cases cited3 opinions
- Howell v. HairSupreme Court of Alabama · 1849
- McMahan v. GreenSupreme Court of Alabama · 1847
- Hill v. SlaughterSupreme Court of Alabama · 1845
3Cited by17 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Cannon v. StockmonCalifornia Supreme Court · 1869
- Anderson v. RichardsOregon Supreme Court · 1921
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Mayer v. ClarkSupreme Court of Alabama · 1866
12 more not listed; retrieve them via the Exa API.