Doe ex dem. Stevens v. King
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. Bobert Dougherty. Ejectment by Stevens against King. It appears from the bill of exceptions, that the plaintiff relied on a deed from the sheriff, the land having been sold under execution against Thomas Jennings, Jr., on a judgment rendered in the Circuit Court in 1832, and purchased by plaintiff.
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Error to the Circuit Court of Macon. Tried before the Hon. Bobert Dougherty. Ejectment by Stevens against King. It appears from the bill of exceptions, that the plaintiff relied on a deed from the sheriff, the land having been sold under execution against Thomas Jennings, Jr., on a judgment rendered in the Circuit Court in 1832, and purchased by plaintiff. He also proved, that Thomas Jennings, Sr., went into the possession of the land in 1835, and continued in possession until his death in the spring of 1838, holding under a bond for titles from one Thomas Youngblood; that he had made payment…
1Opinion of the CourtGoldthwaite, J.
— The plaintiff in error, claiming under execution sale, takes only the title which the defendant in the execution had; and although his possession may have amounted to a legal title, so as to be the subject of levy and sale, yet it is obvious, that, if a superior legal title was outstanding in another, the defendant in error, who is a stranger to the execution, may defend under it. Thomas Jennings, Jr., the defendant in the execution, held under the will of his father, and the only title of the father was the bond of Youngblood. By the approved contract, the full legal title was vested in…
2Cases cited2 opinions
- Jones heirs v. Inge heirsSupreme Court of Alabama · 1837
- King v. StevensSupreme Court of Alabama · 1850
3Cited by2 opinions
- Shirk v. ThomasIndiana Supreme Court · 1889
- Barclay v. PlantSupreme Court of Alabama · 1874