Pollak v. Caldwell
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James R. Dowdell. This action was brought by Ignatius Poliak against J. W. Echols, tenant in possession, to recover a house and lot in Tuskegee, particularly described in the complaint; and was commenced on the 22d February, 1S90. W. P. Caldwell, the landlord of Echols, intervened and defended the suit. The plaintiff claimed as purchaser at sheriff’s sale under execution against Mrs. A. M. Kelly.
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Appeal from the Circuit Court of Macon. Tried before the Hon. James R. Dowdell. This action was brought by Ignatius Poliak against J. W. Echols, tenant in possession, to recover a house and lot in Tuskegee, particularly described in the complaint; and was commenced on the 22d February, 1S90. W. P. Caldwell, the landlord of Echols, intervened and defended the suit. The plaintiff claimed as purchaser at sheriff’s sale under execution against Mrs. A. M. Kelly. The material facts on which his purchase was based, are stated- in the-opinion of the court, and also in the report of the case on the…
1Opinion of the CourtStone, C. J.
— Poliak, the appellant, claims under a purchase at sheriff’s sale, and sheriff’s deed made pursuant thereto. The judgment and execution under which he purchased were against Mrs. A. M. Kelly. . The judgment was rendered in 1881, and soon thereafter execution was levied on the house and lot, which are the subject of the present suit: Mrs. Kelly interposed a sworn, written claim of homestead exemption; the claim was not contested,’ and no sale was made under the levy. No other' execution was issued on the judgment for some years. All the testimony tends to show that the house and lot were…
2Cases cited7 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Boyle v. ShulmanSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Bland v. PutmanSupreme Court of Alabama · 1902
- Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
- Smith Lumber Co. v. GarrySupreme Court of Alabama · 1919
- Metcalf v. SmithSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.