Legal Opinion

Morris v. Ellis

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 15 opinions

Writ of error to the Circuit Court of Tallapoosa county. ■, •THIS was an agreed case bet ween, the parties, upon the following statement of facts.: “Several executions upon judgments obtained at the same term, were placed in the hands of the sheriff against the administrators of E. McLemore, and among them, one in favor of the plaintiff, Morris.

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Writ of error to the Circuit Court of Tallapoosa county. ■, •THIS was an agreed case bet ween, the parties, upon the following statement of facts.: “Several executions upon judgments obtained at the same term, were placed in the hands of the sheriff against the administrators of E. McLemore, and among them, one in favor of the plaintiff, Morris. Some of the executions were of a later ■fíate than others; among the older class is that of -the plaintiff, and a levy and salé óf certain real estate, was effected, but not enough money was made to satisfy the executions of the older date. An…

1Opinion of the CourtGoldthwaite, J.

There always is some difficulty in reasoning upon a subject, which, by a concurrence of opinion among the profession, has long been considered as settled, with*561out adverting to truisms familiar to all, and stated in every elementary treatise.

In order, therefore, to introduce the subject matter of this opinion, without going back to an.inconveniently remote period, we will assume that lands, by the common law, were not bound by a judgment, nor subject, in any manner, to an execution.— This assumption will confine our examination to statutes^ parsed by the legislative authorities of our own…

2Cases cited1 opinion

  1. Scriba v. DeaneU.S. Circuit Court for the District of Virginia · 1810

3Cited by15 opinions

  1. Hendon v. WhiteSupreme Court of Alabama · 1875
  2. Daniel v. SorrellsSupreme Court of Alabama · 1846
  3. Campbell v. SpenceSupreme Court of Alabama · 1843
  4. Dargan v. WaringSupreme Court of Alabama · 1847
  5. Mansony v. United States BankSupreme Court of Alabama · 1843

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