Bros. v. Russell
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by Russell & Duke, and others, for an injunction, and to redeem and foreclose, filed against I. S. Brothers and others. From a decree overruling demurrers to the bill, and a motion to dissolve the injunction, respondents appeal.
1Opinion of the Court
SAYRE, J.(1) In the attachment suit of Brothers against McCune judgment by default was rendered for plaintiff, and the property levied upon, viz., three bales of cotton, was condemned to be sold for the satisfaction of the judgment. Russell & Duke had become sureties for McCune in a replevy bond, and in due time delivered the property to the sheriff as they were required to do, notwithstanding any claim against or interest in the property they may have had. By so delivering the prop*645erty to the sheriff before forfeiture and according to the terms of their undertaking as sureties on the bond,…
2Cases cited7 opinions
- Hardwick v. HardwickSupreme Court of Alabama · 1909
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Kress v. PorterSupreme Court of Alabama · 1902
- Hudson v. WrightSupreme Court of Alabama · 1909
- Stevens v. HertzlerSupreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Phoenix Chair Co. v. DanielSupreme Court of Alabama · 1934
- McDonald v. StephensSupreme Court of Alabama · 1920
- Loveman, Joseph & Loeb v. FosterSupreme Court of Alabama · 1933
- McDonald v. CrawfordAlabama Court of Appeals · 1938
- King v. Central Hardware Co.Supreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.