McRae v. Tillman
Supreme Court of Alabama
Error to the Circuit Court of Sumter. This was a proceeding for a forcible detainer, commenced by the plaintiff against the defendants in error.
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Error to the Circuit Court of Sumter. This was a proceeding for a forcible detainer, commenced by the plaintiff against the defendants in error. In his complaint, he alleges, “that he was possessed of a certain messuage, with the appurtenances and lands, situate lying and being in and a part of the township 14, range 1 west, and section 9, S. W. qr. of SO, lying in the county aforesaid, having had lawful and peaceable possession of the said messuage and lands for the space of five years; and being so possessed,” &c. A jury was empannclled by the justice of the peace, whom, he recites, “were…
1Opinion of the CourtOrmond, J.
The rule which prevails in England, and in many of the States of this Union, that in executing a writ of habere facias possessionem, the sheriff acts at his peril, and that, therefore, the premises need not be particularly described in the writ, does not obtain in this State. [Sturdivant v. Murrell, 8 Porter, 322, and Wright v. Lyle, 4 Ala. 112.] We are, then, to inquire, whether the description of the lands sought to be recovered in this proceeding, was sufficient to enahle the sheriff to put the party in possession without danger of trespassing on the rights of others.
Rejecting, as…
2Cases cited4 opinions
- State v. UnderwoodSupreme Court of Alabama · 1841
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
- Wright v. LyleSupreme Court of Alabama · 1842
- Bliss v. WinstonSupreme Court of Alabama · 1840
3Cited by5 opinions
- Dane v. GlennonSupreme Court of Alabama · 1882
- House v. CampSupreme Court of Alabama · 1858
- Hamilton v. AdamsSupreme Court of Alabama · 1849
- Huffaker v. BoringSupreme Court of Alabama · 1845
- Townsend v. Jeffries' ExecutorsSupreme Court of Alabama · 1850