Ray v. Thompson
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. N. W. Cocke. This was a bill in equity, filed by a judgment creditor, to set upon and enforce a lien upon the lands of a deceased debtor, whose estate had only been duly declared insolvent.
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Appeal from the Chancery Court of Macon. Heard before the Hon. N. W. Cocke. This was a bill in equity, filed by a judgment creditor, to set upon and enforce a lien upon the lands of a deceased debtor, whose estate had only been duly declared insolvent. The facts upon which this ease turns, are the following: Eay, the appellant, on the 12th September, 1863, obtained judgment against H. H. Hicks, in the Macon circuit court, in this State, for $2,000 debt, and $266 interest and costs of suit. Execution was issued thereon, on the 12th October, 1863, for interest and costs due on said judgment,…
1Opinion of the Court
PETEES, J.,
(after stating facts as above.) — The law, as it is found in the Code of 1852, makes a fieri facias a lien only in the county in which it is delivered to the officer for execution, on the lands and personal property of the defendant, subject to levy and sale, from the time it is received by the person commanded to execute it. This lien continued as long as the fi.fa. was regularly issued without the lapse of an entire term. And this was the case, though the defendant should die after judgment, and after the writ came into the officer’s hands; unless the estate of the defendant was…
2Cases cited13 opinions
- Godbold v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Edwards v. GibbsSupreme Court of Alabama · 1847
- Lamar v. GunterSupreme Court of Alabama · 1864
- Watson v. SimpsonSupreme Court of Alabama · 1843
- Hale v. CummingsSupreme Court of Alabama · 1842
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3Cited by15 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Hardigree v. MitchumSupreme Court of Alabama · 1874
- Thames v. HerbertSupreme Court of Alabama · 1878
10 more not listed; retrieve them via the Exa API.