Thweat v. Stamps
Supreme Court of Alabama
Trover. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. On December 7th, 1874, appellee P. A. Stamps bought a tract of land lying in Talladega county, at sheriff’s sale, and soon afterwards went into possession of it. At the time of the sale there was a lot of bricks on the land, and also five thousand rails, which were the property of L. Dickinson, who owned the land until it was sold by the sheriff.
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Trover. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. On December 7th, 1874, appellee P. A. Stamps bought a tract of land lying in Talladega county, at sheriff’s sale, and soon afterwards went into possession of it. At the time of the sale there was a lot of bricks on the land, and also five thousand rails, which were the property of L. Dickinson, who owned the land until it was sold by the sheriff. A part of the land had been planted in wheat before the sale. Dill, who resided on the land and was defendant’s tenant, used the bricks to build a chimney to a house…
1Opinion of the CourtSomeryille, J.
— It is well settled that growing crops *98pass, to a vendee, with the title of land upon which such crops are standing at the time of sale. In this ease, the wheat was in process of growth,, and ungathered, at the time of the .sheriff’s sale,, and was part and parcel of the realty. The interest, which the defendant in execution had in it, passed with the title of the land to the purchaser, and there was no error in the Circuit Court so charging the jury.” Freeman on Executions, § 474; 4 Kent Com. 468; 3 Wash. Real Prop. 625, note (1); Foote v. Colvin, 3 Johns. 216; Crews v. Pendleton (1 Leigh.…
2Cases cited3 opinions
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