Leach v. Rosebrook
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. ' Controversy between Noel C. Leach and others, and Fred..Rosebrook. From an .order quashing a writ of possession on appeal to the chancellor and ordering that Rosebrook.be restored-to the possession, Leach and others appeal.
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Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. ' Controversy between Noel C. Leach and others, and Fred..Rosebrook. From an .order quashing a writ of possession on appeal to the chancellor and ordering that Rosebrook.be restored-to the possession, Leach and others appeal. The return of the sheriff is only prima facie evidence of its truth, and it can be overcome by satisfactory proof. — 8 A. & E. Enc. of Pr,. 447. It is the duty of the sheriff to enter upon the permises, and take possession of the same .and, deliver peaceable possession to the plaintiff. — 7 Énc. P. &. P.…
1Opinion of the CourtSayre, J.
In May, 1903, appellants had a decree in the chancery court of DeKalb foreclosing against appellee a mortgage on' an 80-a'cre tract of land. At the sale which followed Bake! became the purchaser. June 28, 1906, the sheriff returned a writ of habere facias possessionem as executed by placing Baker in possession. Meanwhile Rosebrook had' commenced action-of forcible entry and-detainer against Baker and one Neal, who had acquired possession in a way .which is" not'made to appear. 'This action Avas removed to the circuit'court, Avhere, on February 18, 1909, Rosebrook'recovered judgment for the…
2Cases cited2 opinions
- Hooper v. YongeSupreme Court of Alabama · 1881
- Ex parte FormanSupreme Court of Alabama · 1900