Andrews v. Keith
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Nat. Cook. This action was brought by W. B. Andrews, against M. J. A. Keith, to recover the purchase-money agreed to be paid for certain pieces of marble and tomb-stones, ■which the plaintiff had sold, as sheriff of Dallas county, under execution against one J. M. N. B. Nix, and which were knocked off at the sale to the defendant, as the highest and best bidder.
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. Nat. Cook. This action was brought by W. B. Andrews, against M. J. A. Keith, to recover the purchase-money agreed to be paid for certain pieces of marble and tomb-stones, ■which the plaintiff had sold, as sheriff of Dallas county, under execution against one J. M. N. B. Nix, and which were knocked off at the sale to the defendant, as the highest and best bidder. The suit was commenced before a justice of the peace, aud ivas removed by the plaintiff, by certiorari, into the circuit court; and on the trial, in that court, the…
1Opinion of the CourtStone, J.
It was settled in this State in 1842, tb-v a sheriff, having in his hands an execution at law ags.t one member of a partnership, may levy such oxeen C'-ti upon the defendant’s undivided interest in the pantnership effects, and, for his own protection, is authorize. - >o take the goods into his exclusive possession. It wa .1 -o ruled in the same case, that in a suit by the firm -it the sheriff, for such seizure, it is not permissible for n-tiffs to prove that their partnership effects were not - ; -re than sufficient to pay their partnership debts. — Mo < v. Sample, 3 Ala. 319 ; Waters v.…
2Cases cited8 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Winston v. EwingSupreme Court of Alabama · 1840
- Moore & Co. v. SampleSupreme Court of Alabama · 1842
- Cobb v. CageSupreme Court of Alabama · 1845
- McConeghy v. McCawSupreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Monroe v. HamiltonSupreme Court of Alabama · 1877
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
- Warren v. TaylorSupreme Court of Alabama · 1877
9 more not listed; retrieve them via the Exa API.