Cawthorn v. McCraw
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was a proceeding under the statute for the trial of the right of property. The plaintiff in .error having recovered a judgment against James C. Harrell, William B. Benson, and Henry Y. Howze, for $5,216 64, a writ of fieri facias was issued thereon, and levied by the sheriff of Perry on sundry slaves; a claim of property was interposed by the defendant in error, and bond executed for the trial of the right.
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Writ of Error to the Circuit Court of Perry. This was a proceeding under the statute for the trial of the right of property. The plaintiff in .error having recovered a judgment against James C. Harrell, William B. Benson, and Henry Y. Howze, for $5,216 64, a writ of fieri facias was issued thereon, and levied by the sheriff of Perry on sundry slaves; a claim of property was interposed by the defendant in error, and bond executed for the trial of the right. An issue being made up, the cause was submitted to a jury, who returned a verdict for the claimant, and judgment was rendered accordingly.…
1Opinion of the CourtCollier, C. J.
The material question in the case is this, can personal property which has been sold under exe^ cution at the suit of infant wards, by their guardian, where the levy and consequent proceedings indicate the purpose of the guardian, (who became the purchaser at the sale,) and the defendant in execution, to defraud the creditors of the latter, be levied on in the hands of the same defendant, and sold under an execution issued on a judgment subsequently obtained against him?
By the second section of the statute of frauds, it is among other things enacted, that “every bond, suit, judgment, or *524execut…
2Cases cited5 opinions
- Beekman v. LansingNew York Supreme Court · 1830
- Gardenier v. TubbsNew York Supreme Court · 1839
- Westervelt v. PinckneyNew York Supreme Court · 1835
- Cobb v. CageSupreme Court of Alabama · 1845
- Brandon v. SnowsSupreme Court of Alabama · 1830
3Cited by3 opinions
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Goode v. LongmireSupreme Court of Alabama · 1860