20 Ala. 427
Decided January 15, 1852
Supreme Court of Alabama · decided 1852-01-15
Tried before the Hon. John D. Phelan. The Branch of the Bank of the State of Alabama at Montgomery, recovered a judgment against lucien Reeves on the 27th November, 1841, for $430 fvV, on which execution regularly issued. Four other executions were subsequently issued at irregular periods on the same judgment, the last of which was issued on the 27th November, 1850.
Relies on Campbell v. Spence
Good law ✅— No negative treatment on recordhow we know
Decided 1852-01-15
Cited by 4 later decisions — most recently November 1895
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1There can be no doubt that tbe money arising from tbe sale of tbe lands levied on by tbe sheriff, was rightly appropriated by the judgment and direction of tbe court below. Tbe judgment of tbe Branch Bank was nearly two years prior in point of time to that in favor of tbe plaintiff in error. It created the first lien, and was consequently entitled to priority of satisfaction. Campbell v. Spence, 4 Ala. 543; Quinn v. Wiswall, 7 ib. 645.
¶2Let tbe judgment be affirmed.