Davidson v. Kahn
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. J. It. Tyson. Tbis was a statutory action of ejectment, brought by tbe appellee, Bernbard Kabn, against tbe appellant, Simon Davidson, to recover certain lands specifically described in tbe complaint.
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Appeal from Wilcox Circuit Court. Tried before Hon. J. It. Tyson. Tbis was a statutory action of ejectment, brought by tbe appellee, Bernbard Kabn, against tbe appellant, Simon Davidson, to recover certain lands specifically described in tbe complaint. On the trial of the case tbe following facts were shown: On May 24, 1894, tbe plaintiff recovered a judgment in tbe Circuit Court of Wilcox County, against Max Machael'is for $2,763. Upon tbis judgment two executions were issued, one on June 19, 1894, and tbe other on December 27, 1894. Tbe latter execution ivas placed in tbe hands of the…
1Opinion of the CourtMcCLELLAN, J.
The erroneous recital in the sheriff’s deed of the date of the execution under which the sale was made does not invalidate the deed. The sale was regular and the deed efficacious whether the execution Avas issued on December 27, 1891, as the evidence tends to s'how>', or on January 1, 1895, as the deed recites, and a mistaken recital, if indeed it was made, of the latter *369instead of the former date is of no consequence. — Henley v. Bank, 16 Ala. 552; Wilson v. Campbell, 33 Ala. 249.
It did not appear in the case that the endorsement of the levy of the execution appeared on the execution docket,…
2Cases cited6 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Forrest v. CampSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. OatesSupreme Court of Alabama · 1924
- Thomas v. StateAlabama Court of Appeals · 1953
- Seabury v. HemleySupreme Court of Alabama · 1911