64 So. 11 | Ala. | 1913
It appears from this record that Y. Allen Holman brought a suit in detinue against W. W. Wise and J. Z. Brooks for all of the lumber situated at F. M. Mixon’s sawmill and lumber yard, and at Clintonville SAvitch, on the Atlantic Coast Line Railway. J. E. Henderson made claim to the lumber under the provisions of section 3792 of the Code of 1907, which provides that “if the property seized is claimed by a person not a party to the suit, and affidavit and bond is executed as required by law in cases of trial of right of property Avhen levied on by the writ of fieri facias, the property must be delivered to the claimant,” etc. Henderson made the required bond, Avhich was approved by the sheriff, and the bond, as required by our statutes, Avas conditioned to have the “said property above described forthcoming for the satisfaction of the judgment if it be found liable therefor.” The property is described in the bond as “all lumber at F. M. Mixon’s sawmill and lumber yard and at. Clintonville
Under our statutes the said Henderson had 30 days after the rendition of the above judgment within which to return the said lumber to the sheriff. The sheriff is required by our statutes, upon the failure of the claimant in such a suit, to return to him the property claimed within 30 days after the rendition of a judgment against him, to indorse that fact upon the claim bond, and to return to the court in which the claim suit is tried the bond as forfeited. Thereupon the clerk of the court is required to issue execution against the principal and the sureties on the claim bond for the alternate value of the property as fixed by the judgment. In this case, the sheriff, after the lapse of 30 days after the rendition of the above judgment, returned into the trial court the claim bond with the following indorsement: “The time having expired for the delivery of the property and the payment of the costs, this bond is hereby forfeited.” Thereupon' an execution was issued by the clerk against the obligors on the claim bond for the alternate value of the property. Thereupon the said Henderson filed in the cause a petition for a writ of supersedeas, in which he alleges, as his sole ground for relief, that “upon the trial of said cause the issues were found against your petitioner, and that thereupon within 30 days, as allowed by law, and in strict compliance with the claim bond filed in said cause, your petitioner delivered to the sheriff of Coffee county all property sued for and claimed by- your petitioner, and the sheriff -of said county accepted same.”
There was evidence tending to show that at the time referred to by the witness Simmons there was more than 100,000 feet of lumber at the said mill and switch; but we think that the evidence discloses, without dis
While judgments and decrees are solemn and, for that reason, are entitled to have every word in them carefully and candidly considered, nevertheless, like all Avritten instruments, they are entitled to be given their plain and obvious meaning^ provided, when so construed, they are of legal validity. — 1 Black, Judgments, p. 138, § 123.
So construing the verdict and the judgment in the claim suit, it seems that the above construction which we have placed upon the judgment is the only rational construction Avhich can be placed upon it. If, therefore, Avhen the claim suit was instituted, there Avas more than
The crucial point in this case is, Was there any conflict in the evidence on the proposition that Henderson did not deliver to the sheriff all of the lumber for which judgment was rendered against him in the claim suit? We do not think that there was any conflict in the evidence on that subject; and for this reason we are of the opinion that the trial judge committed no error in charging the jury, at the written request of the appellee, that if they believed the evidence they should find a verdict in his favor.
Affirmed.