Griffin v. Hall
Supreme Court of Alabama
Appeal from tbe 'Circuit Court of Pike. Tried 'before tbe Hon. John P. Hurt hard. This was a statutory action of ejectment, brought by the appellees, J. L. Hall and L. B. Farley, against tbe appellants, G. A. Griffin and J. T. Kamage. The cause was tried upon issue joined upon the plea of tbe general issue.
Read the full summary
Appeal from tbe 'Circuit Court of Pike. Tried 'before tbe Hon. John P. Hurt hard. This was a statutory action of ejectment, brought by the appellees, J. L. Hall and L. B. Farley, against tbe appellants, G. A. Griffin and J. T. Kamage. The cause was tried upon issue joined upon the plea of tbe general issue. Upon tbe trial of the case tbe plaintiffs showed that they recovered a judgment against one H. Foreman, on November 2, 1893; that in December, 1893, an execution was issued upon said judgment and returned to the next term of tbe court “no property found”; that on April 26, 1899, an alias…
1Opinion of the CourtTyson, J.
It is undoubtedly a sound proposition of law that if the defendant in execution has no interest or estate in the land sold, that the purchaser at such execution sale acquires no title.—Clements v. Pearce, 63 Ala. 284. However, as against judgment creditors and *291purchasers having no notice thereof, an unrecorded conveyance made 'by defendant in execution is void. — Code, §§. 1005, 1006. Notwithstanding such conveyance operates to transmit the title inter partes, as against judgment creditors and purchasers without .notice no title passes, and the"defendant’s, estate or interest is subject to…
2Cases cited9 opinions
- Bynum v. GoldSupreme Court of Alabama · 1894
- Griffin v. HallSupreme Court of Alabama · 1895
- Clements v. PearceSupreme Court of Alabama · 1879
- King v. PaulkSupreme Court of Alabama · 1887
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Scotch Lumber Co. v. SageSupreme Court of Alabama · 1902
- Sloss-Sheffield S. & I. Co. v. TaffSupreme Court of Alabama · 1912
- Cape Sable Corporation v. McClurgSupreme Court of Florida · 1954
- Lester v. WalkerSupreme Court of Alabama · 1911
7 more not listed; retrieve them via the Exa API.