Autry v. Walters
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before Hon. W. S. Mudd. This was a real action in nature of ejectment, under the Code, for the recovery of land, brought by appellee against the appellant. The land in question formerly belonged to Rowena, McGinnis, and both parties derived title through her.
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Appeal from the Circuit Court of Fayette. Tried before Hon. W. S. Mudd. This was a real action in nature of ejectment, under the Code, for the recovery of land, brought by appellee against the appellant. The land in question formerly belonged to Rowena, McGinnis, and both parties derived title through her. The appellee, against the objection of appellant, was allowed to prove that on the 8th of January, 1866, an original attachment was duly and regularly issued out of the circuit court of the county, at the suit of John King against said McGinnis, and duly and regularly levied and endorsed…
1Opinion of the CourtPeck, C. J.
The only question made on this record is, can land levied upon by an attachment, after judgment for the plaintiff, be sold under a venditioni exponas ?
We have no hesitation in answering this question in the affirmative. Until the year 1837, lands were not subject *479to be levied upon by an attachment. By an act of that year, (Clay’s Dig. p. 60, § 29,) it is provided that “ whenever an original attachment shall be issued for, or upon any of the causes now provided by law, it shall be lawful to levy the same upon any land belonging to the defendant in such attachment, by the officer whose duty it…
2Cases cited1 opinion
- Garey v. HinesSupreme Court of Alabama · 1846
3Cited by1 opinion
- Dryer v. GrahamSupreme Court of Alabama · 1877