Moog v. Doe, ex dem. McDermott
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Broavne. Action by John Doe on the demise of J. McDermott, et al: against Delphine Moog to recover certain land. The facts sufficiently appear in the opinion.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Broavne. Action by John Doe on the demise of J. McDermott, et al: against Delphine Moog to recover certain land. The facts sufficiently appear in the opinion. The court erred in admitting in evidence the motion for an order of sale in the city court, .the certificate of sale granted by the judge thereof, the petition to substitute the loss of venditioni arponas, and the deed executed by the sheriff of Mobile county. The proceedings are statutory and the-remedies cannot be extended or enlarged but must be strictly followed as laid…
1Opinion of the CourtDowdell, J.
The plaintiff’s claim of title to the land in question is based upon judicial proceedings had against one John A. Swain, terminating in the sale of the land under a writ of venditioni exponas issued from the city court of Mobile and the purchase by the plaintiff at said sale. These proceedings were commenced by attachment issued from the justice of the peace court, and which was regularly levied on the land. The proceedings had in the justice court, including the return of the constable of the levy of the writ on the land, were duly certified and returned into the city court of Mobile, where…
2Cases cited4 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Nordlinger v. GordonSupreme Court of Alabama · 1882
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Johnson v. DismukesSupreme Court of Alabama · 1894
3Cited by3 opinions
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Witt v. RosenbushSupreme Court of Alabama · 1941
- Sparry v. WoodliffSupreme Court of Alabama · 1928