Rives v. Wilborne
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. This was a trial of the right of property under the statute, in which the plaintiffs in error were the plaintiffs in execution, and the defendant the claimant.
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Writ of Error to the Circuit Court of Sumter. This was a trial of the right of property under the statute, in which the plaintiffs in error were the plaintiffs in execution, and the defendant the claimant. The material facts of the cause, as well as the questions of law proposed to be revised, are shewn by a bill of exceptions sealed at the instance of the plaintiffs. 1. The plaintiffs moved the circuit court to dismiss the claim on the ground that the affidavit made by the claimant was insufficient. It was verified before a justice of the peace, who attests it as of the 22d February, 1841,…
1Opinion of the CourtCollier, C. J.
The act of 1812, enacts, that when property levied on by execution shall be claimed by any person, not a party thereto, such person may make oath to such property, &c. The oath of the claimant, it is believed, conforms very fully to the statute — -it describes the execution, the property levied on, and w'hen, and asserts that the right thereto is in the claimant. The transcript of the execution, which we find in the record, is indorsed by the sheriff, received the 22d, and levied the 26th February, 1841, while the affidavit appears to have been made on the day of its reception. This…
2Cited by19 opinions
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- Cordaman v. MaloneSupreme Court of Alabama · 1879
- Cox v. EasleySupreme Court of Alabama · 1847
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