Love v. Powell
Supreme Court of Alabama
Wuit of Errof to tbe Circuit Court of Lowndes county. Action of trespass to try title. On the general issue a verdict Was rendered for the plaintiff, on which he had judgment. The defendants proved that the sheriff omitted to give notice to the defendant in execution, or to his tenant, of the levy; and also omitted to advertise the land, except on the court house door.
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Wuit of Errof to tbe Circuit Court of Lowndes county. Action of trespass to try title. On the general issue a verdict Was rendered for the plaintiff, on which he had judgment. The defendants proved that the sheriff omitted to give notice to the defendant in execution, or to his tenant, of the levy; and also omitted to advertise the land, except on the court house door. Several parcels of land were levied on, but all were sold together* and some of the evidence tended to show that more might have been made from the sale, if the different parcels had been sepaj rately sold. The defendants also…
1Opinion of the CourtGoldthwaite, J.
1. All the matters contained in the bill of exceptions, present but three questions; and these are,
1st. Whether the omission by the sheriff to give the defendant in execution, the notice required by law to be given of the levy; or the like omission to advertise the lands, or to sell them in separate parcels has the effect to render the sale void.
2. Whether knowledge of these irregularities by the plaintiff in execution, connected with an attempt to deter others from bidding at the sale, will avoid the deed from the sheriff to him, as the purchaser.
3. And if not, whether the damages to be…
2Cases cited2 opinions
- Ware v. BradfordSupreme Court of Alabama · 1841
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
3Cited by10 opinions
- Lewis v. WatsonSupreme Court of Alabama · 1893
- White v. FarleySupreme Court of Alabama · 1886
- Costillo v. ThompsonSupreme Court of Alabama · 1846
- Ives v. CultonCourt of Appeals of Texas · 1917
- Burgin v. HodgeSupreme Court of Alabama · 1922
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