Coleman v. Hair
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. TURNER Reavis. Trespass to try titles, by Coleman against Hair. Saxon & Saxon (use of Myer) brought suit by attachment against Horrisberger & Brother, in the Circuit Court of Sumter, on the 7th day of September, 1849, and afterwards recovered judgment.
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Error to the Circuit Court of Sumter. Tried before the Hon. TURNER Reavis. Trespass to try titles, by Coleman against Hair. Saxon & Saxon (use of Myer) brought suit by attachment against Horrisberger & Brother, in the Circuit Court of Sumter, on the 7th day of September, 1849, and afterwards recovered judgment. The writ of attachment was levied upon the bous in quo, 7th September, 1849. Prior to the attachment, to-wit, in August and September, 1849, Horrisberger & Brother had made certain deeds in trust to Hair, as trustee, making provision for the payment of their creditors. Under and by…
1Opinion of the CourtPhelan, J.
It is not important to consider, in this case, whether, admitting that tbe deeds in trust, under which be derives title, are fraudulent on their face, Hair’s possession of tbe land in controversy is adverse in respect to Myer, tbe purchaser at tbe sheriff’s sale, or such as can ripen by lapse of time into a good title against him.
Whether this be so or not, it is clear, beyond dispute, that tbe possession acquired by Hair under bis purchase from Jackson, who purchased at the trust sale, if acquired bona fide, is such a possession as cannot be taken away by strong band, without tbe commission…
2Cases cited3 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Hanrick v. ThompsonSupreme Court of Alabama · 1846
- Dexter v. NelsonSupreme Court of Alabama · 1844
3Cited by3 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Teaford v. MossSupreme Court of Alabama · 1938
- Baker v. RussellSupreme Court of Alabama · 1867