Legal Opinion

Leach v. Rosebrook

Supreme Court of Alabama

Decided May 12, 1910Published

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

  1. Hooper v. YongeSupreme Court of Alabama · 1881
  2. Ex parte FormanSupreme Court of Alabama · 1900

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