Deloach v. State Bank
Supreme Court of Alabama
Appeal front the Circuit Court of Choctaw. Tried before the Hon. C. W. Rapier. This action was brought by the appellee against James M. Deloach, to recover the south-east quarter and the south-east quarter of the north-cast quarter of section twenty-eight, the north-east quarter of the north-west quarter and the northwest quarter of the north-east quarter of section thirty-three, in township fifteen, range two west; both parties deriving title under purchases at sheriff’s…
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Appeal front the Circuit Court of Choctaw. Tried before the Hon. C. W. Rapier. This action was brought by the appellee against James M. Deloach, to recover the south-east quarter and the south-east quarter of the north-cast quarter of section twenty-eight, the north-east quarter of the north-west quarter and the northwest quarter of the north-east quarter of section thirty-three, in township fifteen, range two west; both parties deriving title under purchases at sheriff’s sales under execution against West Neal. The plaintiff’s judgment was rendered at the July term, 1841, of the County Court…
1Opinion of the CourtChilton, C. J.
It may be conceded, in this case, that *444tbe delivery bond, on which 'the execution purports to have issued, is utterly void, and that the execution, so far as it depends on it for validity, is of no force ; and yet the concession avails the appellant nothing, for the reason, that the execution is amendable. It sets forth the true amounts of judgment, damages and cost, and the parties to the same, as well as the date of the rendition of said judgment; and commands the officer to levy these sums of property of the defendants, all of whom are properly named, except the surety upon the bond, whose…
2Cases cited2 opinions
- Sheppard v. MelloySupreme Court of Alabama · 1847
- Taylor v. PaullinSupreme Court of Alabama · 1847
3Cited by3 opinions
- P. Pfeiffer & Co. v. LindsayTexas Supreme Court · 1886
- Wooters v. ArledgeTexas Supreme Court · 1881
- Huett v. NevinsSupreme Court of Alabama · 1951