Sheffey v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. ■This was a motion by Zebulon P. Davis and his wife, Mrs. Williametta Davis, to quash four executions, with their levies, and to set aside and vacate a sale under them of a certain house and lot in Huntsville.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. ■This was a motion by Zebulon P. Davis and his wife, Mrs. Williametta Davis, to quash four executions, with their levies, and to set aside and vacate a sale under them of a certain house and lot in Huntsville. The executions were issued on two judgments, which Mrs. Elizabeth W. Sheffey, as the executrix of the will of her deceased husband, L. B. Sheffey, recovered against said Z. B. Davis, in the Circuit Court of Madison, on the 28th April, 1871; one for $249.50, and the other for $1,425.40. An execution on each of…
1Opinion of the CourtStone, J.
Motion was made in this case to quash executions, and the returns thereon, and to set aside a sale of land thereunder, on certain specified grounds. The court *551sustained the entire motion, and the purchaser at the sale, plaintiff below, excepted. It is contended here that, inasmuch as the record fails to affirm that it contains all the evidence, we must presume the existence of a sufficient cause to justify the action of the court, even if the grounds stated in the motion be held insufficient. We can not assent to this. A motion is not, strictly, pleading; and, although a demurrer may…
2Cases cited2 opinions
- Cawthorne v. KnightSupreme Court of Alabama · 1847
- Nuckols v. MahoneSupreme Court of Alabama · 1849
3Cited by4 opinions
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Block v. GeorgeSupreme Court of Alabama · 1887
- Ex parte Arvest BankSupreme Court of Alabama · 2016
- Nearen v. FarrowSupreme Court of Alabama · 1906