Jordan v. Mead
Supreme Court of Alabama
Error to the Chancery Court of Madison. The bill was filed by the defendant in error, to foreclose two mortgages. The first of these, was executed as alledged, on the 17th December, 1839, to secure the complainant as surety in a debt due the bank at Huntsville, standing in the name of one David Daniel as principal, and Klennon Harris (the mortgagor) and the complainant as his sureties, for one thousand dollars, payable in three- instalments, the first of which fell due in…
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Error to the Chancery Court of Madison. The bill was filed by the defendant in error, to foreclose two mortgages. The first of these, was executed as alledged, on the 17th December, 1839, to secure the complainant as surety in a debt due the bank at Huntsville, standing in the name of one David Daniel as principal, and Klennon Harris (the mortgagor) and the complainant as his sureties, for one thousand dollars, payable in three- instalments, the first of which fell due in December, 1838, and was paid; the two remaining instalments being still due. This debt, it is al-ledged, was the proper…
1Opinion of the CourtOrmond, J.
Before proceeding to consider the merits of the case, it is proper to examine an objection raised by the defendant in error, that the executions under which the defendant below deduced his title, conferred no authority upon *250the constable to sell, because they were not certified by a justice of the peace for Jackson county, having been issued by a justice of the peace of Madison county.
The act of 1822 (Clay’s Dig. 207, § 32) provides, that where a defendant against'whom a justice has rendered a judgment, removes to another county, the justice may issue an execution against his property in such…
2Cases cited1 opinion
- Graves v. StateSupreme Court of Alabama · 1846
3Cited by11 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Doyle v. WadeSupreme Court of Florida · 1887
- Wells v. MorrowSupreme Court of Alabama · 1861
- Fash v. RavesiesSupreme Court of Alabama · 1858
- Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
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