Burk's Adm'r v. Jones
Supreme Court of Alabama
Writ of Error to the County Court of Marengo. This was a proceeding at the instance of the defendants in error, by scire facias, to subject certain lands to the payment of a judgment rendered in their favor, in the county court, for the sum of $81 79, rendered against one Wood F. Monk in November, 1839. That since the rendition of the judgment, and after execution had been returned by the sheriff to the next succeeding term, indorsed by the sheriff, “ no property found,”…
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Writ of Error to the County Court of Marengo. This was a proceeding at the instance of the defendants in error, by scire facias, to subject certain lands to the payment of a judgment rendered in their favor, in the county court, for the sum of $81 79, rendered against one Wood F. Monk in November, 1839. That since the rendition of the judgment, and after execution had been returned by the sheriff to the next succeeding term, indorsed by the sheriff, “ no property found,” said Monk departed this life seized of the land now sought to be subjected by the sci. fa. The defendants appeared, and the…
1Opinion of the CourtChilton, J.
No objection is urged to the form of the plea puis darrein continuance, and we are called upon to decide whether it interposes a good bar to the further prosecution of the scire facias. In the case of Fitzpatrick, et al. v. B. & W. Edgar, 5 Ala. Rep. 499, it is said, “ a lien is hot an absolute, but a qualified right, given by law, or created by the act of the parties, by which real or personal property is charged with the payment of a debt or duty, and that a lien on land, in virtue of a judgment, being merely a right to charge the land with the payment of the judgment, may be waived or lost…
2Cases cited9 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
- Morris v. EllisSupreme Court of Alabama · 1842
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Lamar v. GunterSupreme Court of Alabama · 1864
- Ray v. ThompsonSupreme Court of Alabama · 1869
- McEachin v. ReidSupreme Court of Alabama · 1867
2 more not listed; retrieve them via the Exa API.