Branch Bank at Montgomery v. Curry
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 40th District, Northern Division. Before the Hon. W. W. Mason, Chancellor.
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Writ of Error to the Court of Chancery for the 40th District, Northern Division. Before the Hon. W. W. Mason, Chancellor. William Curry, the defendant in error, filed his bill in the court of chancery, against the Branch of the Bank of the State of Alabama at Montgomery, alledging, that on the 16th of August, 1837, he purchased of Gideon Riddle, a tract of land, being section nine, township eighteen, range six, east, in the Coosa land district, except five acres, which had been previously sold by Riddle, and which complainant afterwards purchased. That he paid Riddle $13,500, one half in…
1Opinion of the CourtDargan, J.
Whether there is error in the decree of the chancellor, or not, depends on the question, whether the bank has lost the lien created by the judgment, on the land described in the bill.
In the case of Campbell v. Spence, 4 Ala. Rep. 543, this court held, that if an execution be levied on the personal property of the defendant, and a forthcoming bond is taken by the sheriff, the lien of the judgment, on the real estate of the defendant, is not thereby lost; and after the forfeiture of the bond, the plaintiff may sue out a new execution on the judgment, if he elect to do so; and that the lien of…
2Cases cited4 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Leach v. WilliamsSupreme Court of Alabama · 1845
- Hopkins v. LandSupreme Court of Alabama · 1842
- Webb v. BumpassSupreme Court of Alabama · 1839
3Cited by6 opinions
- Sellers v. HayesSupreme Court of Alabama · 1850
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- Biscoe v. SandefurSupreme Court of Arkansas · 1854
- Patton v. HamnerSupreme Court of Alabama · 1858
- Andress v. RobertsSupreme Court of Alabama · 1850
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