Cary v. Gregg
Supreme Court of Alabama
At the March term, 1830, of Lawrence Circuit Court, a motion was made by Gregg, the high sheriff of that county, for judgment against Cary, as his deputy, for failing to pay over on demand, one hundred and twenty one dollars, and fifty and one fourth cents, which had been adjudged December term,, 1827, of the County Court of Law-in favor of D. Wallis against W. Scott, which he alleged had been collected by said Cary, and not applied to the satisfaction of said judgment; on…
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At the March term, 1830, of Lawrence Circuit Court, a motion was made by Gregg, the high sheriff of that county, for judgment against Cary, as his deputy, for failing to pay over on demand, one hundred and twenty one dollars, and fifty and one fourth cents, which had been adjudged December term,, 1827, of the County Court of Law-in favor of D. Wallis against W. Scott, which he alleged had been collected by said Cary, and not applied to the satisfaction of said judgment; on account of which Wallis, at June ferm, 1S29, of said County Court, had ruled him, Gregg, for the amount of said judgment.…
1Opinion of the Court
By JUDGE SAFFOLD.
The assignment of error presents the question, whether the issuance of the two ji. fa's., and the intervening ca. saon the prior judgment of the Court of record, returnable to successive terms of the County Court, when the latter fi. fa. was received by the sheriff, after the property had been levied on by virtue-■of the attachments, and was then levied on the same pro.-perty, created a lien on the property, in favor of the first judgment ereditor, which will prevail over that created by the attachments, and the proceedings thereon.
The statute of 1307,a provides “that no writ…
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