Lee v. Davis
Supreme Court of Alabama
Error to the County Court of Mobile. Tried before the Hon. John A. Cuthbert. This was a rule sued out by the plaintiff against the defendant in error and the sheriff of Perry county, to show cause why a sale of certain lands, to which the plaintiff claims title and of which he held the possession, made by said sheriff under an execution issued on a judgment rendered in the County Court of Mobile in favor of the Branch of the Bank of the State of Alabama at Mobile against one…
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Error to the County Court of Mobile. Tried before the Hon. John A. Cuthbert. This was a rule sued out by the plaintiff against the defendant in error and the sheriff of Perry county, to show cause why a sale of certain lands, to which the plaintiff claims title and of which he held the possession, made by said sheriff under an execution issued on a judgment rendered in the County Court of Mobile in favor of the Branch of the Bank of the State of Alabama at Mobile against one A. B. Hopkins, should not be set aside. It appears from the petition, answer and affida-. vits, lhat on the 1st…
1Opinion of the CourtCollier, C. J.
1. The judgment of the County-Court recites that the petition, answers and affidavits of the respective parties were in file and submitted, and that upon an inspection and consideration of these, the rule to set aside the sale under the fieri facias in favor of the Branch Bank at Mobile was discharged. In analogy to summary proceedings *521against sheriffs and other officers, and motions at the suit of a bank, we are inclined to think the recital is sufficient to au-thorise us to look into the entire transcript before us. If the affidavits were not made a part of the record, by being used in the…
2Cases cited13 opinions
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Groff v. JonesNew York Supreme Court · 1831
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Wood v. TorreyNew York Supreme Court · 1831
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
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3Cited by6 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Henderson v. SublettSupreme Court of Alabama · 1852
- Dean v. LuskSupreme Court of Alabama · 1941
- Dryer v. GrahamSupreme Court of Alabama · 1877
- Clark v. AllenSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.