Legal Opinion

Caldwell v. Pollak

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 28 opinions

Appeal from the Circuit Court of Macon. Tried before the Hon. John Moore. This action was brought by Ignatius Poliak, against J. W. Echols, to recover a house and lot in Tuskegee, particularly described in the complaint; and was commenced on the 22d of February, 1890. W. P. Caldwell, the landlord of Echols, intervened, and defended the suit on His own title.

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Appeal from the Circuit Court of Macon. Tried before the Hon. John Moore. This action was brought by Ignatius Poliak, against J. W. Echols, to recover a house and lot in Tuskegee, particularly described in the complaint; and was commenced on the 22d of February, 1890. W. P. Caldwell, the landlord of Echols, intervened, and defended the suit on His own title. The plaintiff asserted title to the property as purchaser at sheriff’s sale under execution against Mrs. Amanda M. Kelly, on a judgment in favor of Poliak & Co.; and he introduced in evidence said judgment, the executions thereon, and the…

1Opinion of the CourtStone, C. J.

In 1881, Follak & Co. recovered a judgment against Amanda M. Kelly in the Circuit Court of Macon county. Execution was issued on this judgment, and placed in the hands of the sheriff' of that county in less than a month after the judgment was rendered ; and other executions were issued and placed in the hands of the sheriff every year, with the exception of the.year 1S82, up to and including 1888. Com*356mencing with July, 1883, executions were continually in the hands of the sheriff, until the lot in controversy was sold by him, as after mentioned ; and this, without the lapse of an entire term.…

2Cases cited16 opinions

  1. Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
  2. Sharpe v. OrmeSupreme Court of Alabama · 1878
  3. Fellows v. LewisSupreme Court of Alabama · 1880
  4. Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
  5. Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883

11 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Ex Parte WeissingerSupreme Court of Alabama · 1945
  2. Mitchell v. KinneySupreme Court of Alabama · 1942
  3. Pickering v. WinchOregon Supreme Court · 1906
  4. Holmes v. HolmesSupreme Court of Alabama · 1925
  5. Allgood v. WilliamsSupreme Court of Alabama · 1890

23 more not listed; retrieve them via the Exa API.

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