Lancaster v. Jordan
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Tried before the Hon. Jas. E. Cobb. This was a real action under the Code, and was brought by the appellants, to recover possession of certain lands in Elmore county.
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Appeal from Elmore Circuit Court. Tried before the Hon. Jas. E. Cobb. This was a real action under the Code, and was brought by the appellants, to recover possession of certain lands in Elmore county. The plaintiffs and defendant were both purchasers at execution sales of the property in question, the plaintiff claiming title by a purchase under an execution from the Chancery Court of Tallapoosa county, and the defendant claiming under an execution from the Probate Court of the same county. Both of these judgments were valid, and executions had been regularly issued without the lapse of an…
1Opinion of the CourtSomeryille, J.
The question for decision involves the relative priority of the liens of two executions, and of the title acquired to certain lands subjected to sale at distinct' times under each of them. The plaintiffs'claims by a sale made under a senior execution issued on a decree in the Chancery Court, and the defendant by a prior sale made under a junior execution from the Probate Court. It is admitted that the one execution possesses no superior dignity over the other derived from the mere fact of its emanating from any particular court. The rule in this State, as declared by statute, is, that an…
2Cases cited5 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Keel v. LarkinSupreme Court of Alabama · 1882
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Bagby v. ReevesSupreme Court of Alabama · 1852
3Cited by2 opinions
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- Caldwell v. HouserSupreme Court of Alabama · 1895