Legal Opinion

Miller v. Marx

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 74 opinions

These cases, tbongh decided together, were argued and submitted at different times. The case of Miller v. Marx is an appeal from tbe Chancery Court at Mobile, and was heard before the Hon. AdaM C. Felder ; the case of Smith’s Adm’r v. Smith is an appeal from the Probate Court of Choctaw, and was heard before the Hon. J. S. Evans ; and the case of Anthony’s Adm’r v. Anthony, an appeal from the Probate Court of Greene, was heard before the Hon. Thos. W. Bobeets.

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These cases, tbongh decided together, were argued and submitted at different times. The case of Miller v. Marx is an appeal from tbe Chancery Court at Mobile, and was heard before the Hon. AdaM C. Felder ; the case of Smith’s Adm’r v. Smith is an appeal from the Probate Court of Choctaw, and was heard before the Hon. J. S. Evans ; and the case of Anthony’s Adm’r v. Anthony, an appeal from the Probate Court of Greene, was heard before the Hon. Thos. W. Bobeets. On the 8th September, 1871, Mrs. Melaine Marx, the widow of Henry Marx, deceased, filed her bill in equity against Thomas P. Miller,…

1Opinion of the Court

STONE, J. —

On tbe 23d December, 1812, it was enacted by our then territorial legislature, “That hereafter lands, tenements, and hereditaments shall be subject to tbe payment of all judgments or decrees of any court of record within this territory, and tbe clerk of such court shall frame tbe execution. accordingly, * * * provided, that courts bolden by justices of the peace shall not be deemed courts of record within tbe meaning and provisions of this act; and tbe sheriff, or other officer, selling any real estate, shall make a title to tbe purchaser, wbicb title shall vest in tbe purchaser…

2Cases cited15 opinions

  1. Beecher v. BaldyMichigan Supreme Court · 1859
  2. Hartley v. FroshTexas Supreme Court · 1851
  3. Kerr v. RussellIllinois Supreme Court · 1873
  4. Graham v. AndersonIllinois Supreme Court · 1867
  5. Morris v. SargentSupreme Court of Iowa · 1864

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3Cited by74 opinions

  1. Willis v. MabonSupreme Court of Minnesota · 1892
  2. State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
  3. Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
  4. State ex rel. Wilkinson v. LaneSupreme Court of Alabama · 1913
  5. James v. ToddSupreme Court of Alabama · 1957

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