Henderson v. Richardson
Supreme Court of Alabama
The defendant in error stated in writing to the Circuit Court of Conecuh, that the plaintiff as the sheriff of that county, had, by the sale of lands, collected a large sum of money on executions placed, in his hands against William A. Bell. The judgments, executions, time of the issuance, &c., are particularly described. Two of these executions are in favor of the defendant.
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The defendant in error stated in writing to the Circuit Court of Conecuh, that the plaintiff as the sheriff of that county, had, by the sale of lands, collected a large sum of money on executions placed, in his hands against William A. Bell. The judgments, executions, time of the issuance, &c., are particularly described. Two of these executions are in favor of the defendant. The statement concludes as follows: “And so the said Stephen C. Richardson affirms that it should be applied to the payment and satisfaction of his said judgment and executions.” The plaintiff in the other executions…
1Opinion of the CourtCollier, C. J.
A sheriff who has collected money on executions in favor of different plaintiffs, each of whom is claiming a priority, may seek the advice and direction of the court as to its application; but the order which may be rendered thereupon, cannot be regarded as conclusive upon the rights of parties whose interests are affected, or afford a warrant for the action of the sheriff; unless they are all brought before the court by notice, or voluntarily appear. When therefore, the sheriff is in doubt as to the appropriation of money collected, he should make a statement of the facts, and ask the…
2Cited by7 opinions
- Governor v. BancroftSupreme Court of Alabama · 1849
- Gusdorf & Co. v. Ikelheimer & Co.Supreme Court of Alabama · 1883
- Barnett v. BassSupreme Court of Alabama · 1847
- Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
- Jones v. Calloway's Adm'rSupreme Court of Alabama · 1876
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