Branch Bank at Decatur v. McCollum
Supreme Court of Alabama
Error to the Circuit Court of Franklin. Tried before the Hon. S. C. Posey. The sheriff of Franklin county made application to the Circuit Court to direct him how to apply certain moneys in his hands, arising from the sale of three slaves, which had been levied on and sold under sundry executions against James C. Kennerly.
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Error to the Circuit Court of Franklin. Tried before the Hon. S. C. Posey. The sheriff of Franklin county made application to the Circuit Court to direct him how to apply certain moneys in his hands, arising from the sale of three slaves, which had been levied on and sold under sundry executions against James C. Kennerly. The several judgments on which these executions issued, may be thus described: DeGraffenreid et al. commenced suit by attachment against said James C. Kennerly, on the 29th March, 1843, and on the same day caused their attachment to be levied on the three slaves, Robert,…
1Opinion of the CourtLigon, J.
It is contended, on the part of B. & F. DeGraf-fenreid, that they are entitled to the satisfaction of their judgment before the other execution creditors of Kennerly, because, pending the action of detinue for the trial of the right to the slaves levied on by the sheriff, they caused writs of fi. fa. to be regularly issued on their judgment, and the othercreditors did not. We cannot give our assent to this proposition ; on the contrary, our opinion is, that so far as the slaves sought to be recovered in the action of detinue are concerned, a regular re-issue of writs of fi. fa. was not…
2Cases cited3 opinions
- Otey v. MooreSupreme Court of Alabama · 1850
- Pickard v. PetersSupreme Court of Alabama · 1842
- Mills v. WilliamsSupreme Court of Alabama · 1832
3Cited by1 opinion
- Jones v. Calloway's Adm'rSupreme Court of Alabama · 1876