Carter v. Smith
Supreme Court of Alabama
Appeal from tlie Circuit Court of Conecuh. Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment brought by the appellee, Mary R. Smith, against George M. Carter, J. J. Carter and Ella.
Read the full summary
Appeal from tlie Circuit Court of Conecuh. Tried before the Hon. J. C. Richardson. This was a statutory action of ejectment brought by the appellee, Mary R. Smith, against George M. Carter, J. J. Carter and Ella. V. Carter, to recover certain lands specifically described in the complaint; the court based its claim of title, and its right of recovery of the lands in suit to a sheriff’s deed purporting to' convey said lands, which deed was made to the plaintiff as purchaser at the sheriff’s sale of said lands under an execution issued under a judgment recovered against one A. R. Carter. The…
1Opinion of the CourtDenson, J.
“To authorize a recovery on a sheriffs deed in an action of ejectment, there must be a valid, judgment, execution, levy, sale and the deed.” It must also be shown by the plaintiff that the defendant in judgment, to whose title plaintiff claims to succeed has an estate or interest in the lands which was subject to levy and sale. — Carrington v. Richardson, 79 Ala. 101; Mickle v. Montgomery, 111 Ala. 415, and authorities there cited.
In this case the plaintiff, Mary R. Smith offered in evidence a judgment which was rendered by the circuit court of Conecuh county, on the 9th day of October, 1901,…
2Cases cited10 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Gulf Red Cedar Lumber Co. v. O'NealSupreme Court of Alabama · 1901
- Cofer v. ScheningSupreme Court of Alabama · 1893
- Carrington v. RichardsonSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Thompson v. HeiterSupreme Court of Alabama · 1939
- Aronow v. HillMontana Supreme Court · 1930
- Wade v. Bank of GaylesvilleSupreme Court of Alabama · 1927
- Grayson v. SchwabSupreme Court of Alabama · 1938