Sims v. Eslava
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Wm. E. Clarke. This action was brought by George N. Stewart in his lifetime, and revived, on his death, in the name of the appellant as the executrix of his last will and testament, against Odyle Eslava, to recover the possession' of a certain tract of land, which was described as “all of square numbered nineteen (19) according to a map of Spring Hill in said county;” and was commenced on the 30th May, 1882.…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Wm. E. Clarke. This action was brought by George N. Stewart in his lifetime, and revived, on his death, in the name of the appellant as the executrix of his last will and testament, against Odyle Eslava, to recover the possession' of a certain tract of land, which was described as “all of square numbered nineteen (19) according to a map of Spring Hill in said county;” and was commenced on the 30th May, 1882. There was an admission of possession by defendant, in these words: “ Defendant admits that Mrs. Celestine Eslava went into…
1Opinion of the Court
BBIOKELL, O. J.
— A sale of lands under execution, or other legal process, issuing after the death of the defendant therein, unless it be issued in pursuance of the statute (Code, of 1876, § 3213), in continuation of a lien acquired and kept alive in the life-time of the defendant, is a nullity, passing no title to the purchaser. — 1 Brick. Dig. 893, § 43; Hendon v. White, 52 Ala. 597. The reason is obvious; there must be real parties to all process, original or final. Upon the death of the defendant, by operation of law, the title to his lands descends to his heirs, if he dies intestate; or,…
2Cases cited1 opinion
- Hendon v. WhiteSupreme Court of Alabama · 1875
3Cited by2 opinions
- Pollak v. CaldwellSupreme Court of Alabama · 1891
- Eslava v. JonesSupreme Court of Alabama · 1887