Bartlett v. Doe ex dem. Gayle
Supreme Court of Alabama
Whit of error to the Circuit Court of Mobile. This was an action of ejectment at the suit of the defendants in error, in which the plaintiffs made themselves parties, and entered into the usual consent rule. The cause was submitted to the court upon a case agreed, with the consent that judgment be entered as on verdict; and if rendered for the plaintiff, that “the rent be assessed at six hundred dollars per annum.”
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Whit of error to the Circuit Court of Mobile. This was an action of ejectment at the suit of the defendants in error, in which the plaintiffs made themselves parties, and entered into the usual consent rule. The cause was submitted to the court upon a case agreed, with the consent that judgment be entered as on verdict; and if rendered for the plaintiff, that “the rent be assessed at six hundred dollars per annum.” The facts stated for the judgment of the court, are substantially as follows, viz: The premises in question were purchased by McRae & Lang, with partnership funds, and upon joint…
1Opinion of the Court
COLLIER, C. J.-
-The only question necessary to be considered in this case, is, whether the order for an injunction made upon the bill of Mrs Lang, and the execution of a bond by her with sureties, suspended the lien of the judgment in favor of the plaintiffs below against McRae, as the surviving partner of Lang, until the injunction was dissolved? It has been repeatedly held,, as well by ourselves as our predecessors, that the effect of an injunction regularly issued upon the execution of a bond with surety, by the defendant in the judgment, is to destroy the lien of the execution injoined.…
2Cases cited3 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Wood v. GarySupreme Court of Alabama · 1843
3Cited by5 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Halsey v. MurraySupreme Court of Alabama · 1895
- Doremus, Suydam & Co. v. WalkerSupreme Court of Alabama · 1845
- In re RandolphDistrict Court, N.D. West Virginia · 1911
- Storrie v. McAlester Fuel Co.Court of Appeals for the Tenth Circuit · 1943