Doe ex dem. Heydenfeldt v. Mitchell
Supreme Court of Alabama
Whit of Error to the Circuit Court of Tallapoosa. This was an action of ejectment for the recovery of the south half of section five, in township twenty-one, and range twenty-three, situate in the county of Tallapoosa. The cause was tried under the usual consent rule, on the plea of “not guilty,” and a verdict and judgment rendered for the defendant.
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Whit of Error to the Circuit Court of Tallapoosa. This was an action of ejectment for the recovery of the south half of section five, in township twenty-one, and range twenty-three, situate in the county of Tallapoosa. The cause was tried under the usual consent rule, on the plea of “not guilty,” and a verdict and judgment rendered for the defendant. From a bill of • exceptions sealed at the trial, it appears that one Taylor built a house on the land in question, and took possession thereof, in the latter part of the year 1838, and made valuable improvements thereon. Sometime afterwards,…
1Opinion of the CourtCollier, C. J.
It may be laid down, generally, that a mere possessory right to lands, accompanied with actual possession, may be levied on under a, fieri facias, and sold in satisfaction of the judgment. [16 Johns. Rep. 192; 18 id. 94; 3 Caine’s Rep. 189; 9 Cow. Rep. 73.] This principle is not, however, without its exceptions. In Rhea, Conner & Co. v. Hughes, [1 Ala. Rep. 219,] it was decided, that the mere possession and improvement of land belonging to the United States, no matter how valuable, cannot be levied on and sold under execution; and in Doe ex dem. Davis v. McKinney and McKinney, at June 1843,…
2Cases cited2 opinions
- Smith v. HoganSupreme Court of Alabama · 1842
- Rhea, Conner & Co. v. HughesSupreme Court of Alabama · 1840
3Cited by7 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Badger v. LyonSupreme Court of Alabama · 1845
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Crist v. StateSupreme Court of Alabama · 1852
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
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