Cawthorne v. Knight
Supreme Court of Alabama
Appeal from the Orphans’ Court of Henry. An execution having issued in favor of the defendant in error, against Moses K. Speight, and others, which was levied on sundry slaves, and amongst others on one by the name of Bob, the plaintiff in error, who was not a party to the execution, moved the court for leave to the sheriff to amend his return, so as to show that Bob was not levied on as the property of any defendant in the execution, but of the plaintiff in error, and moved…
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Appeal from the Orphans’ Court of Henry. An execution having issued in favor of the defendant in error, against Moses K. Speight, and others, which was levied on sundry slaves, and amongst others on one by the name of Bob, the plaintiff in error, who was not a party to the execution, moved the court for leave to the sheriff to amend his return, so as to show that Bob was not levied on as the property of any defendant in the execution, but of the plaintiff in error, and moved the court to set aside the levy, as regarded the slave Bob; and introduced testimony tending to prove such to be the…
1Opinion of the CourtOrmond, J.
The authority conferred on the sheriff by the execution, was to levy on the property of the defendants, and if he has levied on the property of a stranger, our statutory method of the trial of the right of property, or the common law action of trespass, will afford the injured party ample redress. The motion to set aside the levy, involved a decision of the question, whether the slave was the property of the defendants in execution, or of the plaintiff in error, which the court had no power to determine in this summary way.
The court will, it is true, in some-cases of pressing necessity, and…
2Cases cited2 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Watkins v. GayleSupreme Court of Alabama · 1842
3Cited by5 opinions
- Ex parte StickneySupreme Court of Alabama · 1866
- Dewey v. PeelerMassachusetts Supreme Judicial Court · 1894
- Nuckols v. MahoneSupreme Court of Alabama · 1849
- Sheffey v. DavisSupreme Court of Alabama · 1877
- McLaughlin v. BradfordSupreme Court of Alabama · 1886