Martin v. Lile
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson, Tried before the Hon. Louis Wzeth. This action was brought by Thomas Lile, against J ames L. Martin, to recover the possession of a certain tract of land in said county, together with damages for its detention; and was commenced on the 1st August, 1877. The land had be-, longed to George W. Drake, and both parties claimed under him; the plaintiff, by purchase at sheriff’s sale, under a writ of venditioni exponas, issued on a judgment…
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Appeal from the Circuit Court of Jackson, Tried before the Hon. Louis Wzeth. This action was brought by Thomas Lile, against J ames L. Martin, to recover the possession of a certain tract of land in said county, together with damages for its detention; and was commenced on the 1st August, 1877. The land had be-, longed to George W. Drake, and both parties claimed under him; the plaintiff, by purchase at sheriff’s sale, under a writ of venditioni exponas, issued on a judgment in an attachment ease against said Drake, and a subsequent deed from the assignee in bankruptcy of said Drake ; and the…
1Opinion of the CourtStone, J.
Attachments against the property of Drake were levied on the lands in controversy, more than four months before he, Drake, was adjudicated a bankrupt on his own petition. The attachments were never dissolved, nor does it appear there was any ground for their dissolution. After Drake was adjudged a bankrupt, Bradley, his assignee, was substituted in his place as defendant in the attachment suits; and long after Drake’s discharge in bankruptcy, judgments were recovered in said attachment suits, not against Drake personally, but ascertaining the amounts due, and condemning the lands to sale in…
2Cases cited5 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
- Bell v. DavisSupreme Court of Alabama · 1868
- Crowe v. ReidSupreme Court of Alabama · 1876
3Cited by12 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Sherry v. BrownSupreme Court of Alabama · 1880
- Snedecor v. FreemanSupreme Court of Alabama · 1881
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