Legal Opinion

Russell & Johnson v. Town of Oneonta

Supreme Court of Alabama

Decided February 1, 1917PublishedCited by 6 opinions

Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Ejectment by Russell & Johnson against the town of Oneonta. Judgment for defendant and plaintiffs appeal.

1Opinion of the CourtThomas, J.

— This is an action of ejectment, brought by the appellants against the town of Oneonta, for a lot alleged to have been purchased at execution sale.

The statute declares that all property, real and personal, belonging to the several counties or municipal corporations in the state, “and used for county or municipal purposes, shall be exempt from levy and sale under, any process, judgment, or decree whatsoever.” — Code 1907, § 4167.

By the act of March 20, 1875 (Acts, p. 178), county property used for “county purposes” was exempted from levy and sale under any execution. This act was codified as…

2Cases cited26 opinions

  1. McGuire v. Van PeltSupreme Court of Alabama · 1876
  2. Kennedy v. First National BankSupreme Court of Alabama · 1894
  3. National Fireproofing Co. v. Town of HuntingtonSupreme Court of Connecticut · 1909
  4. Addyston Pipe & Steel Co. v. City of ChicagoIllinois Supreme Court · 1897
  5. Loring & Co. v. SmallSupreme Court of Iowa · 1878

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3Cited by6 opinions

  1. Martin v. Holtville High School Bldg.Supreme Court of Alabama · 1933
  2. Rayborn v. Housing Authority of Washington CountySupreme Court of Alabama · 1964
  3. WM Mobile Bay Environmental Center, Inc. v. The City of Mobile Solid Waste AuthorityCourt of Appeals for the Eleventh Circuit · 2020
  4. Hamrick Const. Corp. v. RAINSVILLE HOUSING AUTH.Supreme Court of Alabama · 1984
  5. C. J. Kubach Co. v. City of Long BeachCalifornia Court of Appeal · 1935

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