Humes v. Scott
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Tried before Hon. W. H. Simpson. In June, 1889, John P. Scott filed his hill in the ■city-court of Decatur against Mary W. Cotton to foreclose a mortgage upon a stock of goods which he had 'sold to said Mary W. Cotton upon credit. The goods were seized under a writ of seizure and replevied by the respondent, with R. P. Baker and others as sureties.
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Appeal from the Chancery Court of Morgan. Tried before Hon. W. H. Simpson. In June, 1889, John P. Scott filed his hill in the ■city-court of Decatur against Mary W. Cotton to foreclose a mortgage upon a stock of goods which he had 'sold to said Mary W. Cotton upon credit. The goods were seized under a writ of seizure and replevied by the respondent, with R. P. Baker and others as sureties. The respondent entered into an agreement with Baker as trustee for himself and the other sureties by which she agreed to deposit the proceeds of the sale of the goods in bank to the credit of Baker as…
1Opinion of the CourtTyson, J.
The replevying of the property did not operate to- relieve it from the lien created by its seizure under the writ. A replevy is intended merely as “an inexpensive method of preserving the property until it is wanted for the payment of the judgment that may be rendered, and until the bond is forfeited, the property remains in the custody of the law, and the lien is unimpaired.”—Kyle v. Swem, 99 Ala. 573; Cordaman v. Malone, 63 Ala. 556. A party receiving property under a replevy bond, like a bailiff or a pledgee, holds it in express ' recognition of the rights of the plaintiff in the suit. He…
2Cases cited3 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Cordaman v. MaloneSupreme Court of Alabama · 1879
- Kyle v. SwemSupreme Court of Alabama · 1892
3Cited by3 opinions
- Reeves v. ThompsonSupreme Court of Alabama · 1932
- Tucker v. PilcherSupreme Court of Alabama · 1917
- Dothan National Bank v. CrawfordSupreme Court of Alabama · 1909