Weir v. Clayton
Supreme Court of Alabama
EiatoR to the Circuit Court of Benton. Tried before the Hon. L. P. Walker. This was an action of trespass to try titles to certain lands, instituted by the plaintiff against the defendant in error. The defendant claimed under a sheriff’s sale. 1. An order of the Circuit Court to sell land levied on by a constable under an execution issued by a justice of the peace, is not a final judgment, nor in the nature of such judgment. It is at most only a confirmation of the levy.
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EiatoR to the Circuit Court of Benton. Tried before the Hon. L. P. Walker. This was an action of trespass to try titles to certain lands, instituted by the plaintiff against the defendant in error. The defendant claimed under a sheriff’s sale. 1. An order of the Circuit Court to sell land levied on by a constable under an execution issued by a justice of the peace, is not a final judgment, nor in the nature of such judgment. It is at most only a confirmation of the levy. It cannot add to the levy any matter which is not shown in the levy, but which the statute makes essential to the validity…
1Opinion of the CourtParsons, J.
The land was sold by the sheriff in 1839, under orders of the Circuit Court of Benton, made upon the returns of a constable on three executions issued by a justice of the peace. Luckey was a defendant among others, in each of the executions, and the legal title to the land was in him. The defendant claims by a regular chain of conveyances from the purchasers at the sale. The executions from the justice and the levy by the constable are recited in the orders, and the order states that the proceedings Avere regular.
The executions were read in evidence on the trial, and the constable’s return…
2Cases cited1 opinion
- Ware v. BradfordSupreme Court of Alabama · 1841
3Cited by4 opinions
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Jones v. SpearSupreme Court of Alabama · 1920
- Strange v. GrahamSupreme Court of Alabama · 1876
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935