Borland v. Mayo
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. The defendant in error having obtained a judgment against John H. Walker, caused & fieri facias to be issued thereon, which was levied by the sheriff of Lowndes on a negro man named Joshua, as the property of the defendant in execution, and the plaintiff interposed a claim, and gave bond with security, as required by the statute, to try the right.
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Writ of Error to the Circuit Court of Lowndes. The defendant in error having obtained a judgment against John H. Walker, caused & fieri facias to be issued thereon, which was levied by the sheriff of Lowndes on a negro man named Joshua, as the property of the defendant in execution, and the plaintiff interposed a claim, and gave bond with security, as required by the statute, to try the right. As issue was thereupon made up, and submitted to a jury, who found the slave in question subject to the execution, and assessed his value at seven hundred and fifty dollars, and judgment was rendered…
1Opinion of the CourtCollier, C. J.
1. It was clearly competent to permit the plaintiff below to prove the value of the slave, at the time of the trial. The claimant, by the regular interposition of his claim, became the custodian of the property, until the question of the slave’s liability to the satisfaction of thefieri facias, should be determined. If the decision was favorable to the claimant, then his bond would become inoperative; but if otherwise, the bond remains in full force, as the statute declares “ it shall be conditioned for the forthcoming of the property, if the same be found liable to the execution, and for the…
2Cases cited2 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Claytor v. AnthonySupreme Court of Virginia · 1828
3Cited by35 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
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