Whitsett, Garner & Co. v. Slater
Supreme Court of Alabama
Error to the Circuit Court of Washington. Tried before the Hon. Lyman Gibbons. The plaintiffs in error, having two judgments iu tho Circuit Court of Washington Comity against Curtis N. Wilcox, Jacob Boyd and George W. Boyd, caused two writs of,/?, fa. to be issued thereon on the 24th day of March, 1849, winch came to the hands of the defendant in error, as sheriff of Choctaw County, on the 80th day of March, 1849. Said executions were returnable on the 2nd Monday in…
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Error to the Circuit Court of Washington. Tried before the Hon. Lyman Gibbons. The plaintiffs in error, having two judgments iu tho Circuit Court of Washington Comity against Curtis N. Wilcox, Jacob Boyd and George W. Boyd, caused two writs of,/?, fa. to be issued thereon on the 24th day of March, 1849, winch came to the hands of the defendant in error, as sheriff of Choctaw County, on the 80th day of March, 1849. Said executions were returnable on the 2nd Monday in October-, 1849. The sheriff having failed to make tho money thereon, the plaintiffs in execution suggested such failure to tho…
1Opinion of the CourtLigon, J.
1. The first exception taken in the court below relates to the ruling of that court in excluding from the jury the evidence offered by the plaintiff, tending to show that one of the defendants in the executions which the sheriff had in his hands u was in possession of a house and lot in Choctaw County, as of his own property, prior to the day on which the executions came into the hands of the defendant in this suit, claiming ownership thereof, and continued in possession until after the return day of the executions.” It does not appear that the sheriff used any exertions whatever to make the…
2Cases cited5 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Bradford v. MarburySupreme Court of Alabama · 1847
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Doe ex dem. Heydenfeldt v. MitchellSupreme Court of Alabama · 1844
- Robertson v. BeaversSupreme Court of Alabama · 1836
3Cited by11 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Wilson v. BrownSupreme Court of Alabama · 1877
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Jarrell v. LillieSupreme Court of Alabama · 1866
- David v. MaloneSupreme Court of Alabama · 1872
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