Jones v. Spear
Supreme Court of Alabama
' Appeal from Circuit Court, CovingtonCounty; A. B. Foster, Judge. Ejectment by T. J. Spear against J. T.. Jones.. Judgment for plaintiff, and defendant appeals. The counsel discusses assignments of error, but without citation of authority.
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' Appeal from Circuit Court, CovingtonCounty; A. B. Foster, Judge. Ejectment by T. J. Spear against J. T.. Jones.. Judgment for plaintiff, and defendant appeals. The counsel discusses assignments of error, but without citation of authority. Any irregularity should have been availed' of by motion to set aside the sale, but cannot be taken advantage of on collateral attack. 81 Ala. 563, 8 South. 215; 68 Ala.. 107; 9 Ala. 726. The record was proper. ] Section 3371, Code 1907; 75 Ala. 312.
1Opinion of the CourtSayre, J.
[1,2] Ejectment. Plaintiff, appellee, claiirifea under a sheriff’s deed made upon a sale under execution against appellant. Upon the execution which was dated March 8, 1913, was this indorsement, “Continued from April 14 to May 19, 1913,” signed by the sheriff. Defendant objected to the introduction of this execution in evidence, on the assigned ground that “the judgment introduced is in favor of A. C. Wilder and J. M. Head as plaintiffs and the execution is in favor of Wilder & Head.” An assignment of one ground of demurrer is a waiver of others; but the argument now is that proceedings…
2Cases cited18 opinions
- Pollard v. CockeSupreme Court of Alabama · 1851
- Ware v. BradfordSupreme Court of Alabama · 1841
- White v. FarleySupreme Court of Alabama · 1886
- Foster v. MabeSupreme Court of Alabama · 1842
- Clark v. SpencerSupreme Court of Alabama · 1883
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3Cited by1 opinion
- Sulzbacher v. CampbellSupreme Court of Alabama · 1929