Chandler v. Crawford
Supreme Court of Alabama
Error to the Chancery Court of Perry. The bill was filed by the plaintiff in error, and alledges, that on the 13th April, 1842, he, being sheriff of Perry county, an execution came to his hands in favor of the defendant, against The Manual Labor Institute of South Alabama, for $1,649 37, besides costs.
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Error to the Chancery Court of Perry. The bill was filed by the plaintiff in error, and alledges, that on the 13th April, 1842, he, being sheriff of Perry county, an execution came to his hands in favor of the defendant, against The Manual Labor Institute of South Alabama, for $1,649 37, besides costs. That at the time he received the execution, the Institute was wholly insolvent — that this fact was well known to the defendant, yet, at his desire the complainant indorsed a levy upon certain lands, the numbers of which were furnished by defendant — that there was not time to sell the lands,…
1Opinion of the CourtOrmond, J.
Harrell being one of the sureties of the sheriff, was clearly incompetent, from interest, to testify in his behalf, at law ; and in equity, he certainly could not be a witness, as the judgment was rendered, not only against the sheriff, but also against him, as one of his sureties.
We consider the answer of the defendant, as virtually admitting his insolvency; he also admits the existence of a debt from him to the sheriff, as charged in the bill, of $203 46, subject to a credit of $40, and for this, we think, he is entitled to a set off in equity. As between the original parties, the…
2Cases cited5 opinions
- Harris v. BradfordSupreme Court of Alabama · 1842
- Pharr v. ReynoldsSupreme Court of Alabama · 1842
- Neale v. CaldwellSupreme Court of Alabama · 1830
- Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837
- Jemison v. CozensSupreme Court of Alabama · 1842
3Cited by4 opinions
- United States v. Oregon & C. R.U.S. Circuit Court for the District of Oregon · 1911
- McCall v. McRaeSupreme Court of Alabama · 1846
- Tuskegee Homes Co. v. OswaltSupreme Court of Alabama · 1946
- Johnson v. BainAlabama Court of Appeals · 1919