Lucas v. Doe ex dem Price
Supreme Court of Alabama
This was an action of ejectment brought by the defendant in error, in the Circuit Court of Tallapoosa. The usual consent rule being entered into, the cause was tried on the plea of not guilty. On the trial, the defendant below excepted' to the ruling of the Court.
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This was an action of ejectment brought by the defendant in error, in the Circuit Court of Tallapoosa. The usual consent rule being entered into, the cause was tried on the plea of not guilty. On the trial, the defendant below excepted' to the ruling of the Court. From the bill of exceptions, it appears that J. Doss purchased and obtained a patent for the premises in question from the United States; that a judgment was recovered against him in the Circuit Court of Tallapoosa, on which an execution issued; but' previous to its return he died. The fi.fa. was returned unsatisfied, and after the…
1Opinion of the CourtCollier, C. J.
1. The fieri facias which issued previous *681to the death of Doss, was certainly regular; but whether it would have been allowable after that event, to have executed it by levying on and selling the real estate of which he died the proprietor, it is unnecessary to consider. That it is competent to levy an execution on the goods of a defendant after his death, if previously issued, seems to be well settled. To this point Collingsworth v. Horn, [4 Stewart and Porter’s Reports, 237,] is an authority. In that case it was determined, that where a writ of fieri facias has issued against an intes-.…
2Cases cited4 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Judson v. GibbonsNew York Supreme Court · 1830
- Piatt v. St. Clair's HeirsOhio Supreme Court · 1833
3Cited by15 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Billingsley v. BatesSupreme Court of Alabama · 1857
- Tarver v. HainesSupreme Court of Alabama · 1876
- Perkins v. LewisSupreme Court of Alabama · 1868
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