Planters' & Merchants' Bank of Mobile v. Borland
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. The Planters’ and Merchants’ Bank of Mobile, having some time before obtained a judgment against George Walker, Robert Lowe and John H. Walker, for #8,464 10-100, caused an execution to be levied by the sheriff of Lowndes county, on a large number of slaves, as the property of said John H. Walker, about the 15th June, 1842. Abram Borland filed his affidavit, claiming said slaves, as his property, and gave his bond with security, for the…
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ERROR to the Circuit Court of Lowndes. The Planters’ and Merchants’ Bank of Mobile, having some time before obtained a judgment against George Walker, Robert Lowe and John H. Walker, for #8,464 10-100, caused an execution to be levied by the sheriff of Lowndes county, on a large number of slaves, as the property of said John H. Walker, about the 15th June, 1842. Abram Borland filed his affidavit, claiming said slaves, as his property, and gave his bond with security, for the trial of the right thereof, conformably to the statute, in such cases made and provided. An issue was afterwards made…
1Opinion of the CourtOlay, J.
1. The first question presented by the assignment of errors is, whether the circuit court erred in requiring the plaintiff in the execution to elect between the further prosecution of this case, and a bill in chancery, which involved the question of title to the same property? The answer to this question depends, mainly, upon our own rule, applicable to the subject, and the practice which has prevailed under it. The rule is in these words:
“ Where a suit at law and a bill in chancery are instituted for the same claim or demand, the defendant, on suggestion, supported by affidavit, may move the…
2Cases cited5 opinions
- Keene v. MeadeSupreme Court of the United States · 1830
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Ashurst v. MartinSupreme Court of Alabama · 1839
- Blocker v. BurnessSupreme Court of Alabama · 1841
- Hobbs v. BibbSupreme Court of Alabama · 1829
3Cited by33 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Ex Parte JacksonSupreme Court of Alabama · 1925
- McGuff v. StateSupreme Court of Alabama · 1946
- Borland v. MayoSupreme Court of Alabama · 1845
- Bertolla v. KaiserSupreme Court of Alabama · 1958
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