Hill v. Elmore
Alabama Court of Appeals
Appeal from Circuit Court, Washington County; H. H. McClelland, Special Judge. Action by Maggie Elmore against L. F. Hill as sheriff and individually, and P. J. Beech, Jr., in trespass and conversion. Judgment for plaintiff, and defendants appeal. Beech had procured a judgment against P. R. Elmore,'and he, together with the sheriff and several others, went to the home of. Elmore, and levied upon oxen and a mule. Mrs. Elmore claiméd the mule, and forlwde them taking it.
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Appeal from Circuit Court, Washington County; H. H. McClelland, Special Judge. Action by Maggie Elmore against L. F. Hill as sheriff and individually, and P. J. Beech, Jr., in trespass and conversion. Judgment for plaintiff, and defendants appeal. Beech had procured a judgment against P. R. Elmore,'and he, together with the sheriff and several others, went to the home of. Elmore, and levied upon oxen and a mule. Mrs. Elmore claiméd the mule, and forlwde them taking it. Hill replied that he had a bond, and was obliged to take it. The evidence disclosed some show of force and resistance. The…
1Opinion of the CourtSamford, J.
[1] 1 and 2. The complaint was in four counts, three in trespass and one for conversion. The trespass counts averred the wrongful taking and the count for conversion alleged the conversion of certain personal property, to which defendant interposed the plea of the general issue, and two special pleas, confessing the taking, but alleging that the property was taken under legal process regularly issued out of a court of competent jurisdiction against P. R. El more, but the pleas did not allege that the property levied on was the property of P. R. Elmore, the defendant in execution. For this…
2Cases cited2 opinions
- Skipper v. ReevesSupreme Court of Alabama · 1890
- Ullman v. MyrickSupreme Court of Alabama · 1890
3Cited by1 opinion
- Tillery v. EllisonSupreme Court of Oklahoma · 1959