Governor v. Davis
Supreme Court of Alabama
ERROR to the Circuit Court of Pickens. Tried before tbe Hon. Vm. R. Smith. This was an action of debt instituted in the name of tbe Governor, for tbe use of Bird Ivey, against tbe defendant in error, on bis official bond as sheriff of Pickens county.
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ERROR to the Circuit Court of Pickens. Tried before tbe Hon. Vm. R. Smith. This was an action of debt instituted in the name of tbe Governor, for tbe use of Bird Ivey, against tbe defendant in error, on bis official bond as sheriff of Pickens county. Tbe plaintiff proved that an attachment, at tbe suit of himself against one "Wallis, bad come to tbe bands of tbe defendant, and bad been by bim levied on twenty-three bales of cotton, tbe property of said Wallis; tbat tbe cotton was raised on certain premises wbicb said Wallis bad rented from plaintiff, and tbat tbe attachment snit was founded…
1Opinion of the CourtChilton, J.
Tbe only question in this case is, whether a sheriff who levies an execution upon a crop grown on rented premises, after it has been removed from tbe premises and deposited in a warehouse for shipment on account of tbe tenant, and subsequently levies an attachment for tbe rent at tbe suit of tbe landlord upon tbe same property, is bound, upon tbe sale of such crop, to apply tbe proceeds first to tbe payment of tbe rent.
There is nothing in this cáse showing that there was any collusion between tbe creditor whose execution was levied, and tbe tenant, or that at tbe time of tbe levy, either the…
2Cases cited1 opinion
- Dulany v. DickersonSupreme Court of Alabama · 1847
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- Dickerson v. CarrollSupreme Court of Alabama · 1884
- Jones & Dunn v. LathamSupreme Court of Alabama · 1881