Falkner v. Leith
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Before' the Hon. G. D. Shortridge. Trespass to try title to a tract of land, by the plaintiff against the defendant in error. From a bill of exceptions it appears, that the plaintiff was a purchaser of the land in controversy, at sheriff’s sale, under execution against James Leith, one of the defendants in error, which was conveyed to him by the sheriff.
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Error to the Circuit Court of Cherokee. Before' the Hon. G. D. Shortridge. Trespass to try title to a tract of land, by the plaintiff against the defendant in error. From a bill of exceptions it appears, that the plaintiff was a purchaser of the land in controversy, at sheriff’s sale, under execution against James Leith, one of the defendants in error, which was conveyed to him by the sheriff. The defendants produced the certificate of the receiver of the land office, acknowledging the receipt from the said James Leith, of the purchase money of the tract sued for, on the back of which was the…
1Opinion of the CourtChilton, J.
1. It cannot be considered as an open question in this court, whether land acquired by entry, and for which a receipt of full payment, certifying the entry, has been executed by the register, vests such title in the person to whom it is given, as is subject to be sold under execution at law. This precise point was decided in Goodlett v. Smithson, 5 Porter’s Rep. 254, which was recognized as settling the rule correctly in Rosser v. Bradford, 9 Porter, 345, and also in the decision upon this case when heard previously, 12 Ala. Rep. 170. The rule has become too firmly settled by judicial…
2Cases cited6 opinions
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
- McCain v. WoodSupreme Court of Alabama · 1842
- McCaskle v. AmarineSupreme Court of Alabama · 1847
- Falkner v. JonesSupreme Court of Alabama · 1847
- Palmer v. SeveranceSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Polly v. McCallSupreme Court of Alabama · 1860
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Houston v. BlackmanSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.