Jordan v. Autrey
Supreme Court of Alabama
Error to the Circuit Court of Coosa. This is an action of trover, at the suit of the defendant in error, to recover damages of the plaintiff for the conversion of one pair of osen and an ox-cart. The cause was tried by a jury, but on what plea the record does not discover. On the trial the defendant below excepted to the ruling of the court. It is shown by the bill of exceptions, that the plaintiff proved property in himself, and a conversion by the defendant.
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Error to the Circuit Court of Coosa. This is an action of trover, at the suit of the defendant in error, to recover damages of the plaintiff for the conversion of one pair of osen and an ox-cart. The cause was tried by a jury, but on what plea the record does not discover. On the trial the defendant below excepted to the ruling of the court. It is shown by the bill of exceptions, that the plaintiff proved property in himself, and a conversion by the defendant. The defendant then proved that the oxen and cart in controversy were levied on by one Johnson, a constable— having been first pointed…
1Opinion of the CourtCollier, C. J.
The act of 1833 enacts, that “one work horse, mule, or pair of oxen, one horse or ox-cart,” &c. “ shall be retained by, and for the use of every family in this State, free and exempt from levy and sale by virtue of any execution, or other legal process.” [Clay’s Dig. 210, <§>47.] The question presented in the present case, arises upon the charge of the court, and is this, can a party who has pointed out property exempted by the act cited, to an officer having *278an execution against his goods and chattels, and upon a levy being made, executed a forthcoming bond, afterwards object to the sale,…
2Cases cited1 opinion
- Wallace v. CollinsSupreme Court of Arkansas · 1843
3Cited by4 opinions
- Alley v. DanielSupreme Court of Alabama · 1883
- Ross v. HannahSupreme Court of Alabama · 1850
- Pool v. ReidSupreme Court of Alabama · 1849
- Jacks & Co. v. BighamSupreme Court of Arkansas · 1880