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ALEXANDER V. BROWN, 26 U. S. 683 (1828)

U.S. Supreme Court

Alexander v. Brown, 26 U.S. 1 Pet. 683 683 (1828)

Alexander v. Brown

26 U.S. (1 Pet.) 683


Under the law of Virginia, which directs the sheriff holding, an execution against the goods and effects of defendants to take forthcoming bonds for the property levied upon by the execution and authorizes execution to issue for the amount of the debt due upon the original execution after ten days' notice to the obligors in the bond of the motion for execution, the property levied on not having been redelivered according to the condition of the bond; if the notice given to the obligors of the plaintiff's intention to proceed is sufficiently explicit to render mistake impossible, it will be sustained, although the whole of the defendants in the original execution, may not be named in the notice. Nice and technical objections to the notice, where every purpose of substantial justice is effected, ought not to be favored.

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