Mead v. Figh
Supreme Court of Alabama
ERROR to the Chancery Court at Montgomery. The bill charges that the defendant, Reid, as sheriff of Montgomery county, received an execution from the Circuit Court of Montgomery, in favor of the defendant, Mead, against the defendant, Gillan — That Gillan was possessed of a valuable stock of goods, in the town of Montgomery, and to prevent a levy on the goods and save the trouble of taking an inventory, and prevent the necessity of closing the doors of the store of Gillan,…
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ERROR to the Chancery Court at Montgomery. The bill charges that the defendant, Reid, as sheriff of Montgomery county, received an execution from the Circuit Court of Montgomery, in favor of the defendant, Mead, against the defendant, Gillan — That Gillan was possessed of a valuable stock of goods, in the town of Montgomery, and to prevent a levy on the goods and save the trouble of taking an inventory, and prevent the necessity of closing the doors of the store of Gillan, it was agreed between the sheriff and Gillan to execute a delivery bond for a slave by the name of Thomas, which was a…
1Opinion of the CourtOrmond, J.
The complainants were sureties to a delivery bond, which being returned forfeited, and execution having issued -thereon, they seek to avoid the bond on the ground that the levy was fictitious, there being no such slave in existence as-the one described in the bond as having been levied on by the sheriff to satisfy Mead’s execution.
*281The Chancellor considered the return of the sheriff that he had levied on a slave which had no existence, as false and fraudulent, and that the forthcoming bond based on such a false levy was at least voidable.
We are not able to perceive the difference between a…
2Cases cited1 opinion
- Jemison v. CozensSupreme Court of Alabama · 1842
3Cited by10 opinions
- Adler v. PotterSupreme Court of Alabama · 1877
- Martin v. . GilbertNew York Court of Appeals · 1890
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Governor v. BancroftSupreme Court of Alabama · 1849
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