Mitchell v. Robertson
Supreme Court of Alabama
Error to the Circuit Court of Fayette. Before the Hon. George W. Stone. This was an act of trespass, to try titles to a tract of land.
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Error to the Circuit Court of Fayette. Before the Hon. George W. Stone. This was an act of trespass, to try titles to a tract of land. The facts were agreed upon, and are as follows: The Bank of the State of Alabama, recovered a judgment for f400, in the county court of Tuscaloosa county, at its February term, 1839, against William Wilson and Fleming J. Thompson, on which execution issued, and was levied by the sheriff of Fayette county, on the 4th July, 1839, upon the land in controversy. The levy having been made too late to sell, before the return day of the execution, it was returned to…
1Opinion of the CourtDargan, J.
In an action of ejectment, if the plaintiff shows a superior legal title, and he is not estopped, in any manner from asserting it, he must recover; for a court of law can look to the legal title alone, without any regard to the equity of the parties.
It is admitted, that Thompson was seized in fee of the premises, and whilst hq was so seized, a judgment at law, was recovered against him, by the State Bank, on which execution issued, and was levied on the land on the 4th day of July, 1839. This execution was returned, and a venditioni exponas issued, by which the sheriff was com*414manded. to sell…
2Cases cited1 opinion
- Camp v. ForrestSupreme Court of Alabama · 1848
3Cited by8 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Caldwell v. Parmer's Adm'rSupreme Court of Alabama · 1876
- Lomb v. Pioneer Saving's & Loan Co.Supreme Court of Alabama · 1894
- Blair v. BlairSupreme Court of Alabama · 1917
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