Winston v. Yeargin
Supreme Court of Alabama
Appeal from the Chancery Court of De Kalb. Heard before the Hon. William Skinner. The bill in this case was filed by John B. Yeargin against John G. Winston, and sought to enjoin an execution on a judgment at law, on the facts stated in the opinion of the court. On final hearing, on pleadings and proof, the chanceller rendered a decree for the complainant; and his decree is now assigned as error.
1Opinion of the CourtB. F. Saffold, J.
The appellant obtained judgment, in 1862, against the appellee and John Reese, on a promissory note made by them, payable to him. An execution, issued on the 6th of April, 1869, being in the hands of the sheriff, who was about to levy it on the appellee’s property, the latter filed *341this bill to enjoin its enforcement. His ground of relief is alleged to be, that he was simply the surety of Reese, and, in 1866, he caused the sheriff to levy an execution, which had issued on the judgment, on sufficient property of Reese to pay it entirely: that the plaintiff (the respondent appellant) interfered…
2Cases cited4 opinions
- Sawyer v. BradfordSupreme Court of Alabama · 1844
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- State Bank v. EdwardsSupreme Court of Alabama · 1852
- Caller v. VivianSupreme Court of Alabama · 1846
3Cited by5 opinions
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- Plankinton v. GormanWisconsin Supreme Court · 1896
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- Francisco v. SheltonSupreme Court of Virginia · 1889