Barrett v. Brownlee
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugi-i. Ejectment by William F. Barrett against Bannister Brownlee. Judgment for defendant, and plaintiff appeals. Plaintiff introduced final certificate of entry from United States to Benjamin Brownlee, including the lands sued for, and patent from the government to Benjamin Brownlee to the same land.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugi-i. Ejectment by William F. Barrett against Bannister Brownlee. Judgment for defendant, and plaintiff appeals. Plaintiff introduced final certificate of entry from United States to Benjamin Brownlee, including the lands sued for, and patent from the government to Benjamin Brownlee to the same land. Plaintiff further introduced the transcript of a cause determined in the circuit court of Jefferson county, wherein William Kirkpatrick brought suit and recovered judgment against Benjamin Brownlee for penalty for cutting-trees,…
1Opinion of the Court
de GRAFFENRIED, J.
(1, 2) In the case of Cooper & Co. v. Jacobs & Beisinger, 82 Ala. 411, 2 South. 832, this court, through Somerville, J., said: “The execution issued by the justice of the peace, Hilton, was properly excluded from admission in evidence, being-void on its face. It fails to show in whose favor it was issued, and amounted to nothing more than a roving commission to any constable of the county to make a certain sum of money out of the goods and chattels of Hayes & Roberts. The indorsement on the back of the execution was no part of it, and cannot be looked torn aid of this fatal…
2Cases cited8 opinions
- Snider v. BurksSupreme Court of Alabama · 1887
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Collins v. HinesTexas Supreme Court · 1907
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
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3Cited by2 opinions
- Tallapoosa County v. Elmore CountySupreme Court of Alabama · 1935
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929