Nearen v. Farrow
Supreme Court of Alabama
Appeal from Marshall Circuit Court, Heard before I-Ion. W. W. Haralson. Attachment proceedings by L. P. Nearen against W. T. Lawson. From a judgment granting a motion to set aside a sale under the attachment, in which Thomas L. Farrow ivas substituted for defendant as sole movant, plaintiff appeals. The facts are stated in the opinion. Striking out Lawson’s name and inserting Farrow’s worked an entire change of parties, and operated as a discontinuance of the motion.
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Appeal from Marshall Circuit Court, Heard before I-Ion. W. W. Haralson. Attachment proceedings by L. P. Nearen against W. T. Lawson. From a judgment granting a motion to set aside a sale under the attachment, in which Thomas L. Farrow ivas substituted for defendant as sole movant, plaintiff appeals. The facts are stated in the opinion. Striking out Lawson’s name and inserting Farrow’s worked an entire change of parties, and operated as a discontinuance of the motion. A stranger cannot interpose and have an execution sale set aside because he and not the defendant was the owner of the…
1Opinion of the CourtSimpson, J.
This appeal is taken from a judgment of the circuit court granting a motion to set aside a sale made under attachment and'venditioni exponas. The facts as shown by the record are that on December 23, 1903, said appellant sued out an attachment against certain real estate of W. T. Lawson, defendant in attachment. The attachment was levied December 28, 1903, and judgment rendered and venditioni exponas ordered April 22, 1904; service having been had by publication, as the defendant was a nonresident. The venditioni ex-ponas was issued May 5, 1904, and a writ of fieri facias issued a1 the same…
2Cases cited5 opinions
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Thomas v. GlazenerSupreme Court of Alabama · 1890
- Nuckols v. MahoneSupreme Court of Alabama · 1849
- Sheffey v. DavisSupreme Court of Alabama · 1877
- McLaughlin v. BradfordSupreme Court of Alabama · 1886