Chaney v. Burford Lumber Co.
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. This was an action by the Burford Lumber Company against O. V. Chaney and the sureties on his official bond as constable, for conversion by him of certain lumber. The evidence showed that plaintiff bougiit the property from the defendant in the execution, one Wil-bourn, after the levy of execution thereon, but without notice of the execution, and after Wilbourn had removed the property to another precinct.
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Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. This was an action by the Burford Lumber Company against O. V. Chaney and the sureties on his official bond as constable, for conversion by him of certain lumber. The evidence showed that plaintiff bougiit the property from the defendant in the execution, one Wil-bourn, after the levy of execution thereon, but without notice of the execution, and after Wilbourn had removed the property to another precinct. Chaney thereafter levied on the property under certain orders of sale which had been issued by the justice of the peace.…
1Opinion of the CourtHaralson, J.
— 1. Two judgments were obtained in the justice’s court against L. D. Wilbourn, one on *317the 19th February, 1894, for $86.75, besides costs, and the other on the 16th November, 1895, for $90.79 and costs. On these judgments executions were issued by J. M. Thompson, J. P., on the first judgment in favor of Coffey & Gould, on the 13th of October, 1899, returnable on the 13th of December, thereafter, and on the second, in favor of Smith Sons Gin & Manufacturing Co., on the 23d of December, 1899. Both these executions coming to the hands of the constable, were levied the same day, — the 3d of…
2Cases cited13 opinions
- Ryan v. CouchSupreme Court of Alabama · 1880
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- Mitchell v. CorbinSupreme Court of Alabama · 1890
- Bondurant v. BufordSupreme Court of Alabama · 1840
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