82 Ala. 330 | Ala. | 1886
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Interposing claim under the statute does not destroy or impair the lien created by a levy. It only suspends the right of sale pending the litigation.. If the claim is successfully maintained, the lien is destroyed. If it fails, the claimant and his sureties must restore the property to the levying officer, or pay its assessed value. Pending the claim suit, it would be very hazardous in the mortgagee or claimant to make a sale, and no-presumption can be indulged against him for not doing so. — Munter v. Leinkauff, 78 Ala. 548. We find nothing censurable, or suspicious, in the simple fact that the property levied'on was left with Conant for safe custody. Such custody, so far as plaintiff in execution is concerned, must be , treated as that of the claimant, Sandlin.
Under the principle stated above, charge 3 asked by plaintiffs should not have been given.; and charge 6, although correct as a general proposition of’law, was misleading in this case.
Reversed and remanded.