Garrett v. Davis

The plaintiff in judgment in a detinue suit is of course not bound to accept the alternate value of the property recovered, if 'tendered by the defendant or the sheriff, but may always insist upon having the specific property so long as it is in existence, and may insist upon the issuance of a writ of attachment, to be followed by alias writs, if necessary, commanding its seizure and delivery to plaintiff. Ex parte Vaughan, 168 Ala. 187, 53 So. 270; Carter v. Alford, 64 Ala. 236, 239. This assumes that an unqualified judgment has been rendered for the plaintiff, and remains unsatisfied.

The…