Perkins v. Reed
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. Trial of the right of property. The plaintiffs in error' claimed title to a negro slave, levied on by the defendant in' error, by execution against Anthony Stow. From a bill of exceptions it appears, that the claimants derived title under a mortgage executed by Stow. The defendant relied on the levy of an attachment on the slave,previous to the date of the mortgage.
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Writ of Error to the Circuit Court of Barbour. Before the Hon. J. D. Phelan. Trial of the right of property. The plaintiffs in error' claimed title to a negro slave, levied on by the defendant in' error, by execution against Anthony Stow. From a bill of exceptions it appears, that the claimants derived title under a mortgage executed by Stow. The defendant relied on the levy of an attachment on the slave,previous to the date of the mortgage. The levy was indorsed by E. G. Hodges, sheriff, by Thos. Robinson, deputy sheriff. It was proved, that Hodges, prior.to the levy of the attachment had…
1Opinion of the CourtCollier, C. J.
The sheriff, who himself holds an office under delegation from the people, cannot confer upon a third person the authority to depute one or more persons to act for him in the execution of process whenever in their judgment the emergency demands it. If he requires assistants to enable him to discharge his office, or chooses to em-employ them, he must himself select them, and cannot devolve upon others the performance of this duty. Welch v. Jamison, 1 How. Rep. 160; Sewell’s’Law of Sheriff, 103. That a sheriff may appoint a general, or special deputy, seems to be settled, yet the mode of…
2Cases cited4 opinions
- Wilbur v. StricklandSupreme Court of Pennsylvania · 1829
- Bosley v. FarquarIndiana Supreme Court · 1827
- Hazard v. IsraelSupreme Court of Pennsylvania · 1808
- Nabors v. ThomasonSupreme Court of Alabama · 1840
3Cited by9 opinions
- Terry v. CookCourt of Appeals for the Eleventh Circuit · 1989
- Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
- United States v. ClarkDistrict Court, S.D. Alabama · 1965
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
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