Hughes v. Rhea, Conner & Co.
Supreme Court of Alabama
Writ of error to the Circuit Court of Shelby County. Hughes interposed a claim to certain slaves and horses, levied on as the property of one Bell, at the suit of Rhea, Conner & Co.; and gave the bond required by the first section of the act of 1828, At the trial of the claim, the jury found the property subject to the plaintiff’s execution, and awarded fifteen per centum damages, on the amount of the execution, because the claim was interposed for delay.
Read the full summary
Writ of error to the Circuit Court of Shelby County. Hughes interposed a claim to certain slaves and horses, levied on as the property of one Bell, at the suit of Rhea, Conner & Co.; and gave the bond required by the first section of the act of 1828, At the trial of the claim, the jury found the property subject to the plaintiff’s execution, and awarded fifteen per centum damages, on the amount of the execution, because the claim was interposed for delay. The circuit court rendered judgment on the Verdict against Hughes, for the cost of the suit, and against Hughes and also against Stanifer…
1Opinion of the CourtGoldthwaite, J.
— 1. The first enactment on the subject of interposing claims to property levied on by execution, is the seventh section of the act of 1812, (Aikin’s Digest, 167.) This provides “ that when property levied on by the sheriff, by vir*610tue of an execution, is claimed by any person not a party to the execution, such person may make oath to the property; and thereupon it shall be the duty of the sheriff, to postpone the sale or further execution of the judgment, until the next term of the superior court of the county in which such execution is so levied; and such court shall require the parties…
2Cited by3 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- People v. O'NeillMichigan Supreme Court · 1895
- Gayle v. BancroftSupreme Court of Alabama · 1850