Goodlett v. Hansell
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. ■Tried before the Hon. W. B. Wood. This action was brought by John H. Hansell and others, children and heirs at law of John H. Hansell, deceased, against David C. Goodlett, to recover a tract of land containing about eighteen acres, situated near the town of Moulton in said county, together with damages for its detention.
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Appeal from the Circuit Court of Lawrence. ■Tried before the Hon. W. B. Wood. This action was brought by John H. Hansell and others, children and heirs at law of John H. Hansell, deceased, against David C. Goodlett, to recover a tract of land containing about eighteen acres, situated near the town of Moulton in said county, together with damages for its detention. The original summons was issued on the 12th day of March, 1876, and was returned by the sheriff “Executed by leaving a copy, this 14th March, 1876, at the residence of the defendant.” This return having been set aside by the court,…
1Opinion of the CourtBrigkell, C. J.
It may be admitted, that the original summons, if issued on the Sabbath, would have been abated on plea. It-was not executed on the defendant personally, as was shown by the return of the sheriff, and the issue of an alias was ordered by the court. The alias, wlien issued, became the leading process, compelling the appearance of the defendant when executed. Defects in the original, not *349entering into it, are not the subject of a plea in abatement to it, and are not available in any mode to defeat it.
2. Under the provisions of our statutes, no conveyance is effectual to pass real estate, unless…
2Cases cited3 opinions
- O'Neal v. RobinsonSupreme Court of Alabama · 1871
- Ansley v. NolanSupreme Court of Alabama · 1838
- Thrash v. JohnsonSupreme Court of Alabama · 1838
3Cited by5 opinions
- Goodlett v. HansellSupreme Court of Alabama · 1880
- O'Neal v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1903
- Stewart v. BeardSupreme Court of Alabama · 1881
- Mansur v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1909
- Home Savings Bank v. RolandoSupreme Court of Rhode Island · 1937