Legal Opinion

Campbell v. Point Street Iron Works

Supreme Court of Rhode Island

Decided July 26, 1879PublishedCited by 1 opinion

Dependant’s petition for a new trial. cited Gen. Stat. R. I. cap. 212, § 14; Rorer on Judicial Sales, 2d ed. 256 ; 8 Washburn Real Property, 294 ; Freeman on Executions, 174; Herman on Executions, 137 ; Jarrett v. Tomlinson, 3 W. & S. 114 ; Kelley v. Morgan, 3 Yerg. 437,441; Woodman v. Brodfish, 25 Me. 317; Jackson v. Varich, 7 Cow. 238 ; Inglis v. Trustees of Sailor's Snug Harbor, 3 Pet. 99, 178 ; McConnell v. Brown, opinion of Mills, J., 5 T. B. Mon. 485.

1Opinion of the CourtPotter, J.

One of the questions made in this ease is as to the effect of a sheriff’s sale on execution of land in the adverse possession of another.

Without doubt, by the old English law and statutes, which must be considered as being a part of our common law, a con veyance of land of which the grantor was not in possession was void, and the title remained in the grantor. 4 Dane’s Abridg. cap. 104, art. 3 ; cap. 109, art. 6 ; Burton’s Compend. § 363; Inglis v. Trustees of the Sailors’ Snug Harbor, 3 Pet. 99, 176.

Whether in such a case the grantee could have any relief on the covenants, or whether if the…

2Cases cited3 opinions

  1. Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
  2. Terrill v. JenningsCourt of Appeals of Kentucky · 1858
  3. Frizzle v. VeachCourt of Appeals of Kentucky · 1833

3Cited by1 opinion

  1. Eddy v. CampbellSupreme Court of Rhode Island · 1901

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