DeLoach v. Robbins
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. James T. Taylor. This was a statutory real action in the nature of ejectment, brought by the appellant, John DeLoach, against the appellee, T. J. Robbins, to recover certain property specifically described in the complaint.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. James T. Taylor. This was a statutory real action in the nature of ejectment, brought by the appellant, John DeLoach, against the appellee, T. J. Robbins, to recover certain property specifically described in the complaint. The plaintiff based his title to the property upon certain deeds of the sheriff to him, which were executed after a purchase by him at a sale of the property under executions issued upon two several judgments recovered against the defendant. The plaintiff proved, that he, as administrator of John Black, at the…
1Opinion of the CourtHaralson, J.
1. While it is true, that an execution should follow and correspond with the judgment on which it issues, yet, justice and reason do suggest, that mere clerical errors or failures to recite the judgment with strictness ought not to avoid the execution; and it is everywhere', so far as we have observed, so decided. And when an execution is offered in evidence to support a sale made under it by a sheriff after levy, and it varies from the judgment in some respects, the question then before the court is, “Did this execution issue on this judgment? If from the whole writ, taken in connection with…
2Cases cited11 opinions
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
- Corbitt v. ReynoldsSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Francis v. SheatsSupreme Court of Alabama · 1907
- Howard v. CoreySupreme Court of Alabama · 1899
11 more not listed; retrieve them via the Exa API.