Holloway v. Johnson
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas County. MotioN under the statute, by Johnson v. Holloway, as sheriff of Dallas, for failing to return an execution, (a jifa.) issued at the suit of Johnson against John Holmes, on the 25th November, 1841, for #344 17. Judgment was rendered against Holloway, g.nd also against several others as his sureties of office.
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Writ of error to the Circuit Court of Dallas County. MotioN under the statute, by Johnson v. Holloway, as sheriff of Dallas, for failing to return an execution, (a jifa.) issued at the suit of Johnson against John Holmes, on the 25th November, 1841, for #344 17. Judgment was rendered against Holloway, g.nd also against several others as his sureties of office. After the plaintiff had proved that the execution had been issued, and placed in the defendant’s hands, as sheriff, and that it had not been returned, the defendant offered to show as an excuse for his default, that the defendant in…
1Opinion of the CourtGoldthwaite, J.
— The facts offered to be proved by the sheriff, in this case, in our judgment, are a complete answer to the plaintiff’s motion. The execution issued after the death of Holmes, was entirely void, and of no more effect than waste paper. There could, by no possible contingency, be any thing, real or personal, upon which the sheriff, by virtue of it, could levy. If the deceased judgment debtor, at the time of his death, owned any real estate, that passed at once to his heirs at law, or devisees; and in like manner his personal estate, if there was any, passed to the person afterwards to be…
2Cases cited5 opinions
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
- Stymets v. BrookNew York Supreme Court · 1833
- Caperton v. MartinSupreme Court of Alabama · 1843
- Fryer v. DennisSupreme Court of Alabama · 1841
3Cited by6 opinions
- Stewart v. NuckolsSupreme Court of Alabama · 1849
- Whitlock's Adm'r v. Whitlock's CreditorsSupreme Court of Alabama · 1854
- Burton v. DeleplainMissouri Court of Appeals · 1887
- Beach v. DennisSupreme Court of Alabama · 1872
- Abercrombie's Adm'r v. ChandlerSupreme Court of Alabama · 1846
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