Prewitt v. Garrett
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Trrrs was an action by the plaintiff against the defendant in error, and two others, on a bond of indemnity.
Read the full summary
Error to the Circuit Court of Lowndes. Trrrs was an action by the plaintiff against the defendant in error, and two others, on a bond of indemnity. The declaration sets out the condition of the bond to be, that one Peter Williams had recovered a judgment against Samuel Y. Allen and Patterson Rogers; that execution issued thereon, and came to the hands of plaintiff in error, as sheriff; that Allen and Rogers pointed out a certain female slave, the property of the estate of Peter Wyatt, deceased, and directed the sheriff to levy the execution on the said slave, and expose her to sale to satisfy…
1Opinion of the CourtOrmond, J.
-The bond in this case was given by the defendants in execution, to indemnify the sheriff against the consequences of levying on and selling the property of a stranger to the judgment and execution, for its satisfaction. This was a promise to indemnify the sheriff against the consequences of a tres*129pass, which he was invited to commit; and, being illegal, no right of action can grow out of it.
The plaintiff in an execution may indemnify the sheriff for levying on and selling property supposed to belong to the defendant, though out of his possession, and claimed by another; but it is impossible…
2Cited by4 opinions
- Pruet v. Dugger-Holmes & AssociatesSupreme Court of Alabama · 1964
- Renfro v. HeardSupreme Court of Alabama · 1848
- United States v. Fidelity & Deposit Co.Court of Appeals for the Ninth Circuit · 1935
- Ray v. McDevittMichigan Supreme Court · 1901