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Zachary Pulliam, Executor of Amos Albritton, Plaintiff in Error, v. Alexander Osborne, Administrator of Samuel Woodward U.S. 471 (1855)

handle is hein.slavery/ussccases0212 and id is 1 raw text is: DECEMBER TERM, 1854. 471 Pulliam v. Osborne. ZACHARY PULLIAM, EXECUTOR OF A.OS ALBRITTON, PLAIN- TIFF IN ERROR, v. ALE.XANDER OSBORNE, A.DMIINISTRATOR OF SAMUEL WOODWARD. Although, by the laws of Alabama, a lien upon property accrues from the delivery of the execution to the sheriff or marshal, and the rights of creditors claiming under the same jurisdiction are adjudged accordingly, yet the same rule does not Saply where a controversy arises between executions issued by a court of the nited States and a State court. In such a case the rule is, that whichever officer, the sheriff or the marshal, acquires possession of the property first by the levy of the execution, obtains a prior right, and a purchaser at a judicial sale will take the property free from all liens of the same description. TfiIS case originated in the district court of the United States, for the middle district of Alabama, between Samuel Woodward, plaintiff in execution, and Amos Albritton, (claimant,) defendant, who were afterwards represented by their administrator and executor respectively. It was a con- test as to the superior validity of executions issued out of a state court and a United States court, under the following circumstances :- United States Execution. 1842. Mlay term. -Woodward's judgment against Pulliam in the district court of the United States for the middle district of Alabama. June 10. Execution issued. State Execution. 1S42. April 19. Two judgments against Pulliam in the district court of Pickens county. May 4. Executions on these issued. July 12. Sheriff levied on certain slaves. Bonds given for their forthcoming on first Monday in August. August 3. Execution on these forthcoming bonds.

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