Elmore v. Harris
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. G, W. Stone. Trespass to try title, by the plaintiffs in error. The title of the plaintiff was derived from a purchase made at sheriff’s sale of the land in controversy, under execution against the defendant, and the deed of the sheriff to him for the land. The defence was, that the defendant had but an equitable title, having no other title than a bond with condition to make him a conveyance.
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Error to the Circuit Court of Macon. Before the Hon. G, W. Stone. Trespass to try title, by the plaintiffs in error. The title of the plaintiff was derived from a purchase made at sheriff’s sale of the land in controversy, under execution against the defendant, and the deed of the sheriff to him for the land. The defence was, that the defendant had but an equitable title, having no other title than a bond with condition to make him a conveyance. It was proved that he had paid the purchase money, and was in possession. The court held, this was not such a title as could be sold by execution at…
1Opinion of the CourtCollier, C. J.
The questions in this cause are — 1. Has the purchaser of land, who has made full payment for it, entered into and retained the possession, but who has no other evidence of title than a bond conditioned to make him a conveyance in due form, such an estate as may be sold under a fieri facias ? 3. Where land is sold under a fieri facias against the husband, and an action is brought against him by the purchaser, is it allowable to permit the trustee of the wife to defend with, or instead of, the husband, unless he shows prima facie that he has a title, as trustee, superior to and independent of…
2Cases cited6 opinions
- Gallagher v. WaringNew York Supreme Court · 1832
- Van Ness v. HyattSupreme Court of the United States · 1839
- Thompson v. IvesSupreme Court of Alabama · 1847
- Baird v. KirtlandOhio Supreme Court · 1837
- Jackson ex dem. De Forest v. RamsayNew York Supreme Court · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Miller v. StateSupreme Court of Alabama · 1863
- Clements v. PearceSupreme Court of Alabama · 1879
- Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
9 more not listed; retrieve them via the Exa API.