Wyatt v. Stewart
Supreme Court of Alabama
Appeal from the Circuit Court of Sbelby. Tried before the Hon. John Gill Shoeteb. This action was brought by Frederic .Stewart, against Todd R. Wyatt, to recover damages for the conversion of twenty thousand pounds of seed cotton and nine hundred bushels of corn, which the defendant, as sheriff of said county, had seized and sold under execution as the property of one Thomas L. Pledger; and was commenced on the 14th January, 1856. The cotton and corn in controversy were…
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Appeal from the Circuit Court of Sbelby. Tried before the Hon. John Gill Shoeteb. This action was brought by Frederic .Stewart, against Todd R. Wyatt, to recover damages for the conversion of twenty thousand pounds of seed cotton and nine hundred bushels of corn, which the defendant, as sheriff of said county, had seized and sold under execution as the property of one Thomas L. Pledger; and was commenced on the 14th January, 1856. The cotton and corn in controversy were raised by said Pledger, in the year 1855, on a plantation which had formerly-belonged to him, but which ho occupied and…
1Opinion of the CourtA. J. Walker, C. J.
There was no error in allowing proof that Sterrett, to whom the sheriff conveyed the land, was the purchaser, instead of Mazange & Co., to whom the sheriff in his return asserted that the sale was made. The sheriff’s return is not conclusive against the purchaser at his sale. — Jackson v. Sternbergh, 1 Johns. Cases, 153; Mitchell v. Lipe, 8 Yerg. 179; Wheaton v. Sexton, 4 Wheaton, 503; Jackson v. Walker, 4 Wend. 462 ; Ingersoll v. Sawyer, 2 Pick. 276.
[2.] The retention of possession after the sale, by the *721maker oí a deed of trust, of property sold upon notice at public outcry by the trustee,…
2Cases cited15 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Dill v. CampSupreme Court of Alabama · 1853
- Leverett's Heirs v. CarlisleSupreme Court of Alabama · 1851
- Kirkland v. OatesSupreme Court of Alabama · 1854
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Masterson v. GrubbsSupreme Court of Alabama · 1881
- Baker v. PattersonSupreme Court of Alabama · 1911
- Robinson v. BullockSupreme Court of Alabama · 1880
- C. B. Rogers & Co. v. MunnerlynSupreme Court of Florida · 1895
3 more not listed; retrieve them via the Exa API.