Floyd v. Morrow
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. Nat. Cook. Trial op the right op property in a yoke of oxen, between William C. Morrow, plaintiff in execution, and Jordan R. Floyd, claimant.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. Nat. Cook. Trial op the right op property in a yoke of oxen, between William C. Morrow, plaintiff in execution, and Jordan R. Floyd, claimant. The plaintiff’s execution was issued on a judgment for $41 17, which he had obtained against one James W. Ritchie, and was levied by a constable on the property in controversy on the 9th.August, 1854. -The claimant having executed the statutory bond, a trial was had before a justice of .the peace and a jury of seven .men, which resulted, in a verdict and judgment for the claimant; from…
1Opinion of the CourtRice, J.
—When an* execution from a court of record is levied by the sheriff on personal property mortgaged to another, the mortgagee, or Ms assignee, may, by virtue of section 2595 of the Code, try the right of property, as provided in chapter second of title second of the Code, before the law-day of the mortgage has arrived.
"' To deny this, is to deny any meaning to the words employed in that section, which profess to confer a right on the mortgagee or his assignee; for it is very clear, that under section 2587, the mortgagee, or his assignee, is authorized to try the right of property, whenever…
2Cases cited2 opinions
- Wallis v. RheaSupreme Court of Alabama · 1846
- Dubose v. DuboseSupreme Court of Alabama · 1845
3Cited by4 opinions
- Abraham v. CarterSupreme Court of Alabama · 1875
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
- McKeithen v. Pratt & Co.Supreme Court of Alabama · 1875