Branch Bank v. Broughton
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. This was a motion to the court for an application of a sum of money in the sheriff’s hands, raised by the sale of a slave, as the property of John P. Booth, against whom the plaintiff, and each of the defendants in error, had obtained judgments and executions.
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Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. This was a motion to the court for an application of a sum of money in the sheriff’s hands, raised by the sale of a slave, as the property of John P. Booth, against whom the plaintiff, and each of the defendants in error, had obtained judgments and executions. By the reeord it appears that the facts were agreed on, and are as follows: 1. An execution in favor of Broughton was issued and delivered to the sheriff, on the 24th April, 1847, and an alias on the 21st October, 1847. The first of these was returnable to October…
1Opinion of the CourtChilton, J.
We think there can be but little doubt as to the correctness of the decision of the court below upon the facts presented. The statute declares “ that the lien created by the delivery of an execution from a court of record to the sheriff, shall continue to bind the property of the defendant as between different judgment creditors in the courts of record in this State, in the following manner, viz: If a term shall elapse after the return of the first execution, before an alias shall be sued out and delivered to the sheriff, the lien created by the delivery of the first execution shall be…
2Cases cited11 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Russell v. GibbsNew York Supreme Court · 1826
- Rives v. WilborneSupreme Court of Alabama · 1844
- Wood v. GarySupreme Court of Alabama · 1843
- Beardsley v. MaynardNew York Supreme Court · 1830
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3Cited by6 opinions
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- Carlisle v. GodwinSupreme Court of Alabama · 1880
- Spencer v. GodwinSupreme Court of Alabama · 1857
- State ex rel. McCallum v. Superior CourtWashington Supreme Court · 1913
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