Hawes v. Rucker
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Thomas G. Rucker against Monroe Hawes, to recover the possession of a tract of land containing 130 acres, with damages for its detention by way ■of rent; and was commenced on the 20th December, 1888. The plaintiff claimed the land as a purchaser at sheriff’s sale under execution against George W. Hawes, who was the father of the defendant; and the defendant, who had…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Thomas G. Rucker against Monroe Hawes, to recover the possession of a tract of land containing 130 acres, with damages for its detention by way ■of rent; and was commenced on the 20th December, 1888. The plaintiff claimed the land as a purchaser at sheriff’s sale under execution against George W. Hawes, who was the father of the defendant; and the defendant, who had entered as the tenant of Mrs. Mary Marshall, the mother of said George W. Hawes, held under her until June, 1888, when she…
1Opinion of the CourtClopton, J.
— Plaintiff derives title to the land sued for by purchase at a sale made by the sheriff under execution issued on a judgment rendered in his favor against George W. Hawes, in March, 1879. The execution under which the sale was made, was issued April 5, 1884, and levied on the 16th of July thereafter on the land in controversy, by Thomas Robinson, then sheriff of Jackson county. His term of office having-expired, the execution came to the hands of his successor, by whom the land was sold, and deed made to plaintiff. The only evidence of the sale consists of the recitals in the sheriff’s deed.…
2Cases cited4 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Smith v. MundySupreme Court of Alabama · 1850
- Camp v. ForrestSupreme Court of Alabama · 1848
- Morgan v. DoeSupreme Court of Alabama · 1849
3Cited by6 opinions
- Murphree v. International Shoe Co.Supreme Court of Alabama · 1945
- Lost Creek Coal & Mineral Land Co. v. ScheuerSupreme Court of Alabama · 1931
- Wilson v. StateSupreme Court of Alabama · 1896
- McDonald v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1940
- Hale v. ChandlerSupreme Court of Alabama · 1913
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