Collingsworth v. Horn
Supreme Court of Alabama
Error to the Circuit Court of Blount. In this case, Horn, the defendant in error, having laid claim to certain slaves, levied on,-under execution at law, as of the-estáte of one Han by, the regular proceedings under the statute, were instituted, to try the right of property.
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Error to the Circuit Court of Blount. In this case, Horn, the defendant in error, having laid claim to certain slaves, levied on,-under execution at law, as of the-estáte of one Han by, the regular proceedings under the statute, were instituted, to try the right of property. Collingsworth, the plaintiff in error, having, in the lifetime of Han by, to wit, at Spring term, 1824, of Blount Circuit Court, recovered judgment against him, executions were regularly issued thereon, and duly returned nulls, bona. In 1826 Han by departed this life; and Horn, the defendant in error, qualified as his…
1Opinion of the CourtSaffold, J.
The contest arose on the trial of the', right of property, levied on by execution, and claimed pursuant to the, statute.
The plaintiff in error, in 1824, recovered judgment against Gabriel Hanby, on which executions were regularly issued, up to the time of the levy, in 1828;-upon all of which executions, the sheriff- had made returns of milla bona, except the last, which was levied on the property in question.
The defendant, Hanby, died in 1826. Horn, the claimant of the property, was appointed administrator, and was removed. The sheriff, who made the levy, received his appointment before the…
2Cases cited1 opinion
- Daniel v. Cochran's administratorCourt of Appeals of Kentucky · 1817