Reed v. Perkins
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Before the Hon. Geo. Goldthwaite. The plaintiff in error recovered a judgment against Anthony Stow, for $4,082 27, besides costs, on which he caused a writ of fieri facias to be issued, and placed in the hands of the sheriff of Barbour, on the 17th May, 1847. This writ was levied on several slaves and other property, real and personal.
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Writ of Error to the Circuit Court of Barbour. Before the Hon. Geo. Goldthwaite. The plaintiff in error recovered a judgment against Anthony Stow, for $4,082 27, besides costs, on which he caused a writ of fieri facias to be issued, and placed in the hands of the sheriff of Barbour, on the 17th May, 1847. This writ was levied on several slaves and other property, real and personal. To one of these slaves, the defendants in error interposed a claim pursuant to the statute, and executed a bond with surety for the trial of the right. An issue was made up and submitted to the jury, who returned a…
1Opinion of the CourtCollier, C. J.
We have repeatedly held that the levy of an attachment, followed by a judgment in the cause in which it issued, operates a lien in favor of the plaintiff, which the defendant cannot defeat by a sale or other transfer' of the property. The only question presented by the record before us, is, whether the failure of the sheriff to return an auxiliary attachment which he levied, and a declaration that he did not intend to return it, cart deprive the plaintiff of the benefit of the levy. In Wiswall v. Glidden, 4 Ala. R. 357, we held that the neglect of the clerk to docket a proceeding under the…
2Cited by6 opinions
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- Horton v. MonroeMichigan Supreme Court · 1893
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