Fry v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of trespass quare clausum fregil, instituted by the plaintiff against the defendant in error for rents and profits of the premises mentioned in the declaration.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of trespass quare clausum fregil, instituted by the plaintiff against the defendant in error for rents and profits of the premises mentioned in the declaration. The case was submitted to the judgment of the court below on an agreed state of facts, which so far they are necessary to be recited areas follows: William W. Fry, the ancestor of the plaintiff and George W. Fry owned the premises jointly. In 1839, William W. Fry died, but before his death, the defendant recovered a judgment against him in the…
1Opinion of the CourtDargan, J.
Two questions are presented for the consideration of the court. First, did the levy and sale pass the title of W. W. Fry the ancestor of the plaintiff, to the Bank ? Secondly, if it did not, will trespass qiuvre clausum fregit lie, under the facts agreed on to recover the rents received bv the Bank?
Although the levy had been made on the- land by virtue of the original /?, fa., yet as it was returned without a sale, and nothing further was done to enforce the lien acquired by the judgment, for more than four years,' and after the estate of W. W. Fry was declared insolvent, it is very clear,…
2Cases cited7 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Easly v. DyeSupreme Court of Alabama · 1848
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
- Fitzpatrick v. EdgarSupreme Court of Alabama · 1843
- Cummings v. M'GeheeSupreme Court of Alabama · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Alexander v. LetsonSupreme Court of Alabama · 1942
- Lyons v. StickneySupreme Court of Alabama · 1911
- McClellan v. LipscombSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.