Hubbert v. McCollum
Supreme Court of Alabama
Weit of Error to the Circuit Court of Fayette. This was an action of trespass, at the suit of the plaintiffs in error, to try the title to certain tracts of land, particularly described in the declaration, as well as to recover damages of the defendant, by reason of the occupancy of the same, by him. The cause was tried upon the plea of “ not guilty, and a verdict returned for the defendant, on which a judgment was rendered.
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Weit of Error to the Circuit Court of Fayette. This was an action of trespass, at the suit of the plaintiffs in error, to try the title to certain tracts of land, particularly described in the declaration, as well as to recover damages of the defendant, by reason of the occupancy of the same, by him. The cause was tried upon the plea of “ not guilty, and a verdict returned for the defendant, on which a judgment was rendered. From a bill of exceptions, sealed at the trial, it appears that the plaintiffs read to the jurj a judgment of the Circuit Court of Fayette, in favor of James Hogan, ex’r,…
1Opinion of the CourtCollier, C. J.
After an examination of the authorities touching the power of the court over its final process, we said, [in Mobile Cotton Press, &c. v. Moore & Magee, 9 Porter’s Rep. 692,] 1. That a party injured by the improper execution of a fieri facias, may obtain redress,' on motion to the court from which the writ issued. 2. That a sale of land will be set aside, where the sheriff is guilty oí a mistake, irregularity, or fraud, to the prejudice of either party, or a third person. 3. So, the misrepresentation or fraud of a purchaser, furnishes just ground for invalidating the sale. In Ware v. Bradford,…
2Cases cited2 opinions
- Ware v. BradfordSupreme Court of Alabama · 1841
- Fournier v. CurrySupreme Court of Alabama · 1842
3Cited by10 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
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