Martin v. Branch Bank
Supreme Court of Alabama
Error to the Circuit Court of Madison. Before the Hon. Sidney C. Posey. This was an action of trespass, to try title to several tracts of land in Jackson county, and to recover damages for the occupancy thereof, instituted by defendant against plaintiff in error, in the circuit court of Jackson, and transferred, by change of venue, to the circuit court of Madison.
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Error to the Circuit Court of Madison. Before the Hon. Sidney C. Posey. This was an action of trespass, to try title to several tracts of land in Jackson county, and to recover damages for the occupancy thereof, instituted by defendant against plaintiff in error, in the circuit court of Jackson, and transferred, by change of venue, to the circuit court of Madison. At June term, 1839, of the county court of Morgan, the defendant in error obtained ajudgment against William G. Martin, Lewi» & Davis, and Harris & Snodgrass, for $1756 13, &c., on which execution issued on the 30th July, 1839, and…
1Opinion of the CourtDargan, J.
The material inquiry in this case is this: If a judgment be rendered against two, and one die before execution is issued, can an execution be issued and levied on the lands of the survivor, without a sci. fa., and by a sale thereof, pass the title to the purchaser 1
By the common law, if judgment was rendered against two, but one died before the execution issued, nevertheless the plaintiff might sue out execution, and have it levied on the goods of the survivor. Bingham on Ex. 135; 3 Tidd, 1120; 16 Mass. 193; 3 Bibb, 334; 4 Howard, 58. The execution, however, for the sake of conformity with…
2Cases cited1 opinion
- Johnston v. LynchCourt of Appeals of Kentucky · 1814
3Cited by6 opinions
- Christ v. FlannaganSupreme Court of Colorado · 1896
- McDowell v. StateSupreme Court of Alabama · 1942
- Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Reed v. GarfieldAppellate Court of Illinois · 1884
- Fabel v. BoykinSupreme Court of Alabama · 1876
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