Hopkins v. Land
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter county. Action of trespass, under the statute to try title. V erdict and judgment in favor of the defendant.
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Writ of Error to the Circuit Court of Sumter county. Action of trespass, under the statute to try title. V erdict and judgment in favor of the defendant. At the trial the plaintiff read in evidence a judgment obtained at the October term, 1837, of said Court, by Isaac Ci Sned-icor against Cornelius Rain, for #712 96. This judgment was superseded by writ of error, and was affirmed at the June term, 1838, of this Court, against Rain, and judgment also given against William Johnson and Cleaveland Robb, his securities on the writ of error bond. A writ of Ji.fa. issued on this affirmed judgment…
1Opinion of the CourtGoldthwaite, J.
1. It would be very difficult to distinguish the principle which ought to govern this case, from that decided in Boren v. McGehee. [6 Porter, 432,] even if we conceded that the levy under the first fieri facias, with the execution of the forthcoming bond by Rain, was a satisfaction of the judgment; but as the principle contended for by the defendant, if correct, is one of extensive bearing, we shall give it our consideration.
It may be admitted, that in general, it is irregular to sue out a second execution when a sufficient levy has been previously made, and remains undisposed of; but such is…
2Cases cited2 opinions
- Haas v. GaddisWashington Supreme Court · 1890
- Boren v. M'GeheeSupreme Court of Alabama · 1838
3Cited by7 opinions
- Leach v. WilliamsSupreme Court of Alabama · 1845
- Branch Bank at Montgomery v. CurrySupreme Court of Alabama · 1848
- Doremus, Suydam & Co. v. WalkerSupreme Court of Alabama · 1845
- Sheppard v. MelloySupreme Court of Alabama · 1847
- Biscoe v. SandefurSupreme Court of Arkansas · 1854
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