Caperton v. Martin
Supreme Court of Alabama
Wis.it of Error to the the Gircuit Court of Jackson county. Trover, by the plaintiff, as the administrator of HenryNorwood. At the trial, he proved property in the slaves in his intestate, and their sale by the defendant. The defendant justified the sale under four executions, directed to him as coroner, under which he seized and sold the slaves.
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Wis.it of Error to the the Gircuit Court of Jackson county. Trover, by the plaintiff, as the administrator of HenryNorwood. At the trial, he proved property in the slaves in his intestate, and their sale by the defendant. The defendant justified the sale under four executions, directed to him as coroner, under which he seized and sold the slaves. The executions were different in amount, but are all governed by the same principles, so that a statement of the facts connected with one, will be sufficient to show what questions were involved. Judgment 29th October, 1839; fi. fa. dated and issued…
1Opinion of the CourtGoldthwaite, J.
1. We held in the case of Hopkins v. Land, [4 Ala. Rep.N. S. 427] that a forthcoming bond was neither a satisfaction nor a discharge of the judgment, but that the plaintiff might elect after the forfeiture of such a bond, to proceed upon it, or sue out an alias execution. And in Campbell v. Spence, [4 Ala. Rep. N. S. 543,] we considered, that the taking of such a bond was not a discharge of the liens acquired by a judgment. These decisions, when connected with the principle settled in Collingsworthy. Horn, [4 S. & P. 237,] are conclusive of all but one of the questions raised here.
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2Cited by4 opinions
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