Loomis v. Allen
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Attachment commenced by the defendant, against the plaintiff in error. The defendant in error made affidavit before a justice of the peace, that Edgar Loomis, administrator of Eli 0. Loomis, deceased, who, at the time of his death, resided in the State of Mississippi, was justly indebted to him in the sum of $167 80, that Edgar Loomis resides out of the State of Alabama, and that there is property, which was of the said Eli O. Loomis, at…
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Error to the Circuit Court of Sumter. Attachment commenced by the defendant, against the plaintiff in error. The defendant in error made affidavit before a justice of the peace, that Edgar Loomis, administrator of Eli 0. Loomis, deceased, who, at the time of his death, resided in the State of Mississippi, was justly indebted to him in the sum of $167 80, that Edgar Loomis resides out of the State of Alabama, and that there is property, which was of the said Eli O. Loomis, at the time of his death, in the State of Alabama. Bond being executed, an attachment was issued, returnable to the…
1Opinion of the CourtOrmond, J.
— The attachment in this case is issued upon the following clause of the attachment law : “ And in case of the death of any debtor residing out of the limits of the State, having lands or other property therein, the creditor resident within the State, shall in like manner be entitled to recover by attachment, against the executors, and administrators; and execution shall issue, accordingly, against the property so left within the State.” [Clay’s Dig. 58, § 14.] The design of this Statute appears to have been, to give the resident creditor a remedy against the property of his deceased…
2Cases cited2 opinions
- Jackson v. StanleySupreme Court of Alabama · 1841
- Calhoun v. CozzensSupreme Court of Alabama · 1841
3Cited by3 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Pool v. MingeSupreme Court of Alabama · 1873