Stewart v. Nuckols
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. Geo. W. Stone. Trespass to try title to land, by the plaintiff, against the defendant in error. From a bill of exceptions found in the record, it appears, that the plaintiff was the purchaser of the land sued for, at a sale under execution, which issued in favor of James H. Shorter, against Rene Fitzpatrick, and others, and proved the sale to him, and the deed, of the sheriff conveying the land, &c.
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Error to the Circuit Court of Macon. Before the Hon. Geo. W. Stone. Trespass to try title to land, by the plaintiff, against the defendant in error. From a bill of exceptions found in the record, it appears, that the plaintiff was the purchaser of the land sued for, at a sale under execution, which issued in favor of James H. Shorter, against Rene Fitzpatrick, and others, and proved the sale to him, and the deed, of the sheriff conveying the land, &c. It was admitted, that James H. Shorter was dead at the date of the issue of said execution, under which the plaintiff purchased the land, and…
1Opinion of the CourtCollier, C. J.
In Collingsworth v. Horn, 4 Stew. & P. Rep. 237, it was decided that where a writ of fieri facias had issued against the estate of an intestate in his life time, an alias and pluries might be issued thereafter, and personal property levied on and sold in order to satisfy the judgment ; that the first writ created a lien which the retrospection of the latter, continued and perfected. In fact, the several writs were regarded as a mere continuation of the process, which was necessary to complete the execution. But it was held in Lucas v. Doe ex dem. Price, 4 Ala. Rep. 679, that that decision was…
2Cases cited10 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Holford v. AlexanderSupreme Court of Alabama · 1847
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
- Collins v. PrenticeSupreme Court of Connecticut · 1843
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
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3Cited by10 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Moore v. EasleySupreme Court of Alabama · 1851
- Parks, Brewer & Co. v. CoffeySupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.