Gamble v. Fowler
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the' Hon. N. S. Gbaham. In March, 1871, Corbitt, as administrator of Lawrence, obtained in the Circuit Court of Henry county, Ala., a judgment for $587.21 against John L. Eowler. Execution issued on said judgment April 3, 1871, which was returned as follows: “Returned by order of plaintiff’s attorney, August 1, 1871.” “Trawick, sheriff.”
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Appeal from the Chancery Court of Henry. Heard before the' Hon. N. S. Gbaham. In March, 1871, Corbitt, as administrator of Lawrence, obtained in the Circuit Court of Henry county, Ala., a judgment for $587.21 against John L. Eowler. Execution issued on said judgment April 3, 1871, which was returned as follows: “Returned by order of plaintiff’s attorney, August 1, 1871.” “Trawick, sheriff.” An alias execution issued Nov. 10, 1871, which was returned by the sheriff with the following indorsement thereon: “Sheriff will not levy this fi-fa. until further orders. Jan. 8, 1872.” “J. A. Corbitt.”…
1Opinion of the CourtStone, J.
In Dane v. McArthur, 57 Ala. 448, we decided that judgments do not operate as liens under our statutes. It requires execution in the hands of the sheriff to create a lien, either on real or personal property. And if, after the lien is created by delivering execution to the sheriff, an entire term, from one session of the court to ■ another, is permitted to elapse, during which time no exe*578cution is placed in the bands of the sheriff, the lien is thereby lost, and it requires a new execution in the hands of the sheriff, to create what, in such case, will be a new lien; not a revivor of the last…
2Cases cited1 opinion
- Dane v. McArthurSupreme Court of Alabama · 1876
3Cited by4 opinions
- Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Carlisle v. GodwinSupreme Court of Alabama · 1880
- Carlisle v. MaySupreme Court of Alabama · 1883