Daily v. Burke
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloósa. Tried before the Hon. Geo. D. Shortbidge. The sheriff of Tuskaloosa county having applied to the circuit court for instructions how to apply certain moneys in his hands,- the proceeds of the sale of lands levied on as the property of James M. Dunlap, by virtue of two executions, one in favor of Thomas J. Burke, which was issued on a judgment rendered on the 25th September, 1850, and the other in favor of Robert Daily, by his next…
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Appeal from the Circuit Court of Tuskaloósa. Tried before the Hon. Geo. D. Shortbidge. The sheriff of Tuskaloosa county having applied to the circuit court for instructions how to apply certain moneys in his hands,- the proceeds of the sale of lands levied on as the property of James M. Dunlap, by virtue of two executions, one in favor of Thomas J. Burke, which was issued on a judgment rendered on the 25th September, 1850, and the other in favor of Robert Daily, by his next friend, which was issued on a judgment rendered on the 1st October, 1853; thereupon came the said Burke and Daily, by…
1Opinion of the CourtGoldthwaite, C. J.
By the old law, a judgment was a lien upon the lands of the defendant; toft^sy^section 2456 of the Code, lands are placed upon the lame footing with personal property, and are bound only fromfe<Jl.§fefeer§»-of the execution to the officer. In the present |ase, the question is, whether the law of the Code, in thi^’á^MfafF plies to judgments which were rendered before ira^Qgtioft-'
The right of the legislature to exempt lands from the líen of existing judgments, is not questioned; and, as there is an express repealing clause (§ 10) of all acts of a public nature not embraced in the Code, it is…
2Cases cited1 opinion
- Collins v. BoydSupreme Court of Alabama · 1848
3Cited by7 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Curry v. LandersSupreme Court of Alabama · 1859
- Irvine v. ArmisteadSupreme Court of Alabama · 1871
- Lehman, Durr & Co. v. FerrellSupreme Court of Alabama · 1882
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