Governor v. Powell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Coosa. Debt, on sheriff’s official bond, for the failure of the sheriff to make the money on an execution of the beneficial plaintiff. The parties went to trial upon the general issue.
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Writ of Error to the Circuit Court of Coosa. Debt, on sheriff’s official bond, for the failure of the sheriff to make the money on an execution of the beneficial plaintiff. The parties went to trial upon the general issue. From a bill of exceptions found in the record, it appears, that on the 6th October, 1841, a fim'i facias issued from the Circuit Court of Coosa county, in favor of Henry Lee against Stark Hobdy, for $141, besides costs — which came to the sheriff’s hands, and was levied on the 15th October, on certain lands, and returned that the land was sold on the first Monday of March,…
1Opinion of the CourtOrmond, J.
This case has previously been before this Court. The principal question then presented, was whether the sheriff was liable to the plaintiff, if he postponed the sale of property to the last sale day, before the return term .of the execution, and it should then turn out, that the property levied on did not sell for a sufficient sum to satisfy the execution. We held, he was not liable, if there Avas a reasonable expectation that the land levied on would, at public sale, bring a sum sufficient to satisfy .the execution^ in his *87hands, and if disappointed in this, he should in a reasonable time…
2Cases cited2 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Hallett v. LeeSupreme Court of Alabama · 1841
3Cited by5 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Leavitt v. SmithSupreme Court of Alabama · 1848
- Levens v. StateAlabama Court of Appeals · 1912
- Harris v. MurfreeSupreme Court of Alabama · 1875
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