Patton v. Hayter, Johnson & Co.
Supreme Court of Alabama
Error to the Circuit Court of Madison. Before the Hon. G. D. Shortridge. In this case, a motion was made to the court for an order to the sheriff, as to the application of a sum of money in his hands, raised from a sale of the real estate of one Fredrick Elgin, against whom the plaintiff and defendants had severally obtained judgments and executions.
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Error to the Circuit Court of Madison. Before the Hon. G. D. Shortridge. In this case, a motion was made to the court for an order to the sheriff, as to the application of a sum of money in his hands, raised from a sale of the real estate of one Fredrick Elgin, against whom the plaintiff and defendants had severally obtained judgments and executions. It appears by the bill of exceptions found in the record, that the plaintiff in error, on the 26th April, 1841, obtained a judgment by confession against said Elgin, with a stay of execution for six months ; that execution issued on said…
1Opinion of the CourtCollier, C. J.
By an act passed in 1835, it is enacted, that when any execution shall have been issued on any judgment, &c., within a year and a day after the rendition of such judgment, &c., which shall not have been returned satisfied in full, it shall be lawful at any time thereafter to issue execution thereon, without suing out a scire facias, or any process to revive the same. Further, when an execution shall have been sued out on any judgment, See., within a year and a day from the rendition thereof, and not returned satisfied in full, such judgment, See., shall not afterwards be presumed to be paid…
2Cases cited4 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Houston v. StantonSupreme Court of Alabama · 1847
- Branch Bank at Huntsville v. RobinsonSupreme Court of Alabama · 1843
3Cited by11 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- Watkins v. StateSupreme Court of Alabama · 1929
- Andress v. BroughtonSupreme Court of Alabama · 1852
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