Campbell v. Point Street Iron Works
Supreme Court of Rhode Island
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
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- Frizzle v. VeachCourt of Appeals of Kentucky · 1833
3Cited by1 opinion
- Eddy v. CampbellSupreme Court of Rhode Island · 1901