Wiswall v. Glidden
Supreme Court of Alabama
Whit of Error to the County Court of Mobile. The plaintiff in error having recovered a judgment against Jesse Turner, caused a fieri facias to be issued thereon and placed in the hands of the sheriff of Mobile. This execution was levied on a negro man, to whom the defendant interposed a claim, and entered into bond with surety for the prosecution thereof, pursuant to the statute.
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Whit of Error to the County Court of Mobile. The plaintiff in error having recovered a judgment against Jesse Turner, caused a fieri facias to be issued thereon and placed in the hands of the sheriff of Mobile. This execution was levied on a negro man, to whom the defendant interposed a claim, and entered into bond with surety for the prosecution thereof, pursuant to the statute. The bond bears date the 22d July, 1840, but the case of the trial of the right of property was not placed upon the docket of the County Court, to which it was properly returnable, until the February term, 1842, after…
1Opinion of the CourtCollier, C. J.
The statutes in respect to the trial of the right of property levied on by execution and claimed by a third person, require the sheriff to return the fact of the claim, together with the execution, to the Court from whence it issued ; and an issue is to be made up either in that Court, or if the levy was made in another county, then in the Circuit Court of the latter, to try the question of right. The issue is to be made up under such rules as the Court may adopt; and “ the burthen of proof shall be upon the plaintiff in execution.” *358Further, “Whenever any claim to property shall be made, the…
2Cited by12 opinions
- Miller v. StateSupreme Court of Alabama · 1895
- Malone & Foote v. MarriottSupreme Court of Alabama · 1879
- Ex parte GarlandSupreme Court of Alabama · 1868
- Ex parte RemsonSupreme Court of Alabama · 1857
- Forrester v. ForresterSupreme Court of Alabama · 1864
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