Langdon & Co. v. Brumby
Supreme Court of Alabama
Writ of error to the Circuit Court of Perry. This was a proceeding under the statute for the trial of the right of property.
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Writ of error to the Circuit Court of Perry. This was a proceeding under the statute for the trial of the right of property. The defendants in error caused a writ of Jieri facias issued upon a judgment recovered by them, against the “ Trustees of Madison College,” to be levied by the sheriff of Perry, on the apparatus supposed to belong to the defendants in execution; to which the intestate of the defendant in error interposed a claim, and entered into bond with sureties according to law. The claimant died, pending the suit, and it was revived in the name of his administrator. An issue was…
1Opinion of the CourtCollier, C. J.
— In the P. & M. Bank v. Willis & Co. S Ala. Rep. 770, it was held, that although the statute directed the Court to require the parties to make up an issue, under such rules as it might prescribe for the trial of the question of right, yet the only proper issue in all such cases was an affirmation on the part of the plaintiff, that the property levied on was subject to the execution, and a denial of that fact by the claimant. In the present case, an issue was thus formed, and the claimant was then allowed to plead, that the property was not subject to the plaintiff’s execution, for certain…
2Cited by15 opinions
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
- Fulghum v. Williams Co.Supreme Court of Georgia · 1902
- Gay, Hardie & Co. v. StricklandSupreme Court of Alabama · 1896
- Hobson v. Kissam & Co.Supreme Court of Alabama · 1845
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