McGee v. Eastis
Supreme Court of Alabama
A. McGee brought an action of trespass to, try title, against A. and W. Eastis, in the Circuit Court of Jefferson county. On the trial at March term, 1829, the plaintiff offered in evidence, in support of his title to the land in question, which had been sold by the sheriff, by virtue of an execution, a deed from the sheriff, drawn in the usual form, and executed in the following manner: “John B. Ayres, (seal) sheriff; by his deputy, William Ayres.”
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A. McGee brought an action of trespass to, try title, against A. and W. Eastis, in the Circuit Court of Jefferson county. On the trial at March term, 1829, the plaintiff offered in evidence, in support of his title to the land in question, which had been sold by the sheriff, by virtue of an execution, a deed from the sheriff, drawn in the usual form, and executed in the following manner: “John B. Ayres, (seal) sheriff; by his deputy, William Ayres.” The plaintiff proved by the sheriff, that said William Ayres was, at the time of making the deed, and for a long time had been his general…
1Opinion of the Court
By JUDGE WHITE.
The single question made for our consideration is, whether the deputy sheriff can make a deed in the name of his principal, for lands sold under c~ceeution,without a written deputation or authority under seal. As lands are never sold in England by virtue of executions, their books furnish no authority directly in point. They however contain analogous principles wortThy of notice. At commcn law, a sheriff has a right to appoint deputies, though the King's letters patent do not expressly grant this authority. This power is incident to the very *309nature of the office, is in…
2Cited by4 opinions
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- Holland v. Fidelity Deposit Co. of MarylandSupreme Court of Alabama · 1932
- Pond v. VanderveerSupreme Court of Alabama · 1850
- Evans v. WalshSupreme Court of New Jersey · 1879