Motion was made in this case to quash executions, and the returns thereon, and to set aside a sale of land thereunder, on certain specified grounds. The court
2. When Z. P. Davis became a voluntary bankrupt, Mrs. Sheffey, as executrix, had an execution lien on his property in Madison county. His bankruptcy did not destroy that lien, or prevent the issue of an alias execution for its enforcement.—Crow v. Reid, at December term, 1876.
8. The claim of exemption furnished no reason for setting aside the levy or sale, for several reasons. First, it failed to show the value of the property at the time of Mrs. -Sheffey’s levy and sale.—Watts v. Burnett, at December term, 1876. Second, it failed to show that the claim was interposed before the sale was made.—Steele v. Moody, and Rottenbury v. Pipes, at December term, 1875. Third, the judgment having been rendered in 1871, it should have been shown whether the debt was contracted before or after the constitution of 1868 was declared operative, so as to show under what law the claim accrued.—Taylor v. Anthony, and Miller v. Marx, at December term, 1876.
4 If Mrs. Davis, by her older purchase, acquired a good and valid title to the property, it will enable her to defend successfully the action of ejectment brought for its recovery. It furnishes no ground for setting aside the levy and sale afterwards made.—Nuckols v. Mahone, 15 Ala. 212; Cawthorne v. Knight, 11 Ala. 268.
None of the grounds stated in the motion justified the ruling of the Circuit Court; and its judgment is reversed, and a judgment here rendered, overruling the motion made in the court below.