Read & Co. v. Sprague & McGown
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. Clark. The material facts in this case are the following: On the 30th September. 1850, George W. and Jehial Read, a mercantile firm in the city of New York, sued out an attachment, before the clerk of the circuit court of Tuskaloosa county, against the estate of George Sprague, as an absconding debtor.
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. James B. Clark. The material facts in this case are the following: On the 30th September. 1850, George W. and Jehial Read, a mercantile firm in the city of New York, sued out an attachment, before the clerk of the circuit court of Tuskaloosa county, against the estate of George Sprague, as an absconding debtor. The attachment was returnable to the spring term of said circuit court, 1851; was placed in the hands of the sheriff on the same day it was issued, and was levied by him on the next day, to-wit, the 1st "October, 1850,…
1Opinion of the Court
A. J. "WALKER, O. J.
After the issue of a valid writ of seizure from the chancery court, can an attachment, issued from, and returnable to a court of law, be levied upon the property embraced in the writ of seizure, and acquire a lien upon it? We concur with the chancellor in the decision of this question, expressed as the result of his learned and elaborate opinion, which has aided us very much in our investigations.
If property, ordered by a chancellor to be seized and taken into the custody of the court, can, after the reception of the precept by the sheriff, be subjected to the levy of…
2Cases cited4 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Noe v. GibsonNew York Court of Chancery · 1839
- Kane v. PilcherCourt of Appeals of Kentucky · 1847
- Hackley's Executors v. SwigertCourt of Appeals of Kentucky · 1844
3Cited by5 opinions
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Hall v. First BankSupreme Court of Alabama · 1916
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
- Williams & Fowler v. DismukesSupreme Court of Alabama · 1894