Smith v. Hogan
Supreme Court of Alabama
Weit of Error to the Circuit Court of Coosa. This was a proceeding by notice and suggestion under the statute against the sheriff of Coosa and his sureties, alledging that by due diligence the- sheriff could have made the amount of an execution in his hands, at the suit of the defendant in error against Thomas W. and John Smith, for the sum of three thousand seven hundred and sixty-four 38-100 dollars, besides ten 12-100 dollars costs of suit.
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Weit of Error to the Circuit Court of Coosa. This was a proceeding by notice and suggestion under the statute against the sheriff of Coosa and his sureties, alledging that by due diligence the- sheriff could have made the amount of an execution in his hands, at the suit of the defendant in error against Thomas W. and John Smith, for the sum of three thousand seven hundred and sixty-four 38-100 dollars, besides ten 12-100 dollars costs of suit. The sheriff appeared and pleaded — 1. He could not have made the money on the execution by due diligence. 2. That the plaintiff in execution, upon a…
1Opinion of the CourtCollier, C. J.
By a statute passed in 1830, it is enacted,- “ That the equitable title or claim to land, or other real estate, shall hereafter be liable to the payment of debts by suit in Chancery, and not otherwise; and when a bill shall be filed for that purpose, all persons concerned in interest, shall be made parties thereto.” It may well, be questioned, whether the mere possession of real property can be sold under execution, where the defendant has an equitable title to the same* The act cited, if it does not expressly, would seem impliedly to inhibit such a proceeding. But we will forbear the…
2Cited by5 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Leach v. WilliamsSupreme Court of Alabama · 1845
- Doe ex dem. Heydenfeldt v. MitchellSupreme Court of Alabama · 1844