McMahan v. Green
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. This was a trial of the right of property under the statute,, in which the plaintiff in error was the plaintiff in execution, and the defendant the claimant. The property in question is a female slave, levied on to satisfy a fieri facias against the goods and chattels, &c., of William F. Evans and others..
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Writ of Error to the Circuit Court of Barbour. This was a trial of the right of property under the statute,, in which the plaintiff in error was the plaintiff in execution, and the defendant the claimant. The property in question is a female slave, levied on to satisfy a fieri facias against the goods and chattels, &c., of William F. Evans and others.. An issue was made up and submitted to a jury, who returned a verdict in favor of the claimant, and judgment was rendered accordingly. From a bill of exceptions sealed at the trial, it appears that the slave was removed by Evans, from Pike…
1Opinion of the CourtCollier, C. J.
By the act of 1807, “ concernihg executions, and for the relief of insolvent debtor's,” it is enacted* that “ No writ of fieri facias, or other writ of execution shall bind the property of the goods against which such writ is sued forth* but from the time that such writ shall be delivered to the sheriff* under-sheriff, coroner, or other officer to be executed ; and for the better manifestation” of the time of delivery, such sheriff, &c. shall indorse on such writ “ the day of the month and year when he received the same;” [Clay’s Dig. 208, >§> 41.] This statute, it has been often said, gives…
2Cases cited4 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- United States v. NichollSupreme Court of the United States · 1827
- Hester v. KeithSupreme Court of Alabama · 1840
- Hill v. SlaughterSupreme Court of Alabama · 1845
3Cited by8 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Newcombe v. LeavittSupreme Court of Alabama · 1853
- Street v. DuncanSupreme Court of Alabama · 1897
- Reeves & Co. v. SebernSupreme Court of Iowa · 1864
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1914
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