Cook v. Baine
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw- Tried before the Hon. C. W. Bapier. This action .was brought by William A. Baine, against John P. Cook, to recover damages for the tortious seizure and sale of a horse and wa»' 'commenced on the 25th March, 1S59. No pleas appear in the record.
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Appeal from the Circuit Court of Choctaw- Tried before the Hon. C. W. Bapier. This action .was brought by William A. Baine, against John P. Cook, to recover damages for the tortious seizure and sale of a horse and wa»' 'commenced on the 25th March, 1S59. No pleas appear in the record. The bill of exceptions is as follows , “ On tbe trial of tbis cause, there was proof tending to--show, that the ¡plaintiff purchased the horse in controversy, with bis wife’s money, from one W. D. Henson, to whom said horse belonged at the time of said purchase; that said Henson then resided in this State, and…
1Opinion of the CourtStone, J.
The legislation of the session of 18-53-4, in regard to property exempt from execution, is somewhat, confused. Two several statutes were passed at the same session, bearing on section 2464 of the Code. — -See Pamphlet Acts 1853-4, pp. 69 and 242. Section 2464 of the Code had provided, that “neither the head of the family» nor any member thereof, has- the power to sell or dispose of the property thus exempt-'from sale or levy ; and if sold and taken possession of by the purchaser, or i£ abandoned *352by tbe family, by the death or dispersion of its members, is liable for the debts existing at the…
2Cases cited1 opinion
- Simpson v. SimpsonSupreme Court of Alabama · 1857
3Cited by4 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Whittenberg v. LloydTexas Supreme Court · 1878
- Webb v. EdwardsSupreme Court of Alabama · 1871
- Gamble v. ReynoldsSupreme Court of Alabama · 1868