Pool v. Reid
Supreme Court of Alabama
Error to the Circuit Court of Walker. -Before the Hon. Samuel Chapman. This was an action of trespass vi etarmis by plaintiff against defendant in error. It appears that the defendant, as sheriff of Walker, levied on a pair of oxen, in the possession of the plaintiff, under an execution in his hands, against the plaintiff and another person, whose name is not mentioned in the record, as the property of the latter.
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Error to the Circuit Court of Walker. -Before the Hon. Samuel Chapman. This was an action of trespass vi etarmis by plaintiff against defendant in error. It appears that the defendant, as sheriff of Walker, levied on a pair of oxen, in the possession of the plaintiff, under an execution in his hands, against the plaintiff and another person, whose name is not mentioned in the record, as the property of the latter. The defendant in execution, as whose property, the oxen were levied on, whilst in his possesion, had no other oxen, nor had he a work horse, or mule. During the time the execution…
1Opinion of the CourtCollier, C. J.
It is provided by the act of 1833, “ that one work horse, mule, or pair of oxen, one horse or ox cart, &c.” shall be retained by, and for the use of every family in this state, free and exempt from levy and sale, by virtue of any execution, or other legal process.” Clay’s Dig. 210 § 47. The act of 1843, declares, that in addition to the property then exempt by law, from execution, for the use of every family in this state, upon all debts thereafter to be contracted, “forty acres of land (for the purposes of cultivation, not to exceed in value four hundred dollars, to be valued by three…
2Cases cited4 opinions
- State v. JohnsonSupreme Court of Alabama · 1848
- Noland v. WickhamSupreme Court of Alabama · 1846
- Jordan v. AutreySupreme Court of Alabama · 1846
- Davis v. AllenSupreme Court of Alabama · 1847
3Cited by2 opinions
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
- Waugh v. BridgefordSupreme Court of Iowa · 1886