Executors of Smith v. Houston
Supreme Court of Alabama
Error to» the Circuit Court of Lauderdale. Tried before the Hon. Sidney C. Posey. Assumpsit for rent of'land, instituted by defendant in error, for the use of Benham against Henry Smith, and after his death revived against the plaintiffs in error as his executors.
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Error to» the Circuit Court of Lauderdale. Tried before the Hon. Sidney C. Posey. Assumpsit for rent of'land, instituted by defendant in error, for the use of Benham against Henry Smith, and after his death revived against the plaintiffs in error as his executors. The plaintiff in the court beloiv purchased the land on the 3d October 1842, at a sale, made by said Benham, as sheriff of Lauderdale county, under judgment and execution against one Dillahunty, and offered to read to the jury the deed of the said sheriff,, bearing date the 23d July 1844. The defendants objected to the- deed going,…
1Opinion of the CourtDargan, J.
The' deed of the sheriff to Houston' was properly admitted as evidence to show the title in him, notwithstanding the suit is brought for the use of Benham, who, as sheriff, executed the deed. Because the suit is for the use of Benham, the deed, which is the evidence of Houston’s title, does not become illegal testimony, nor is its effect as proof destroyed or impaired.
Nor is there any error in the rejection1 of the evidence offered by the defendants below for the purpose of impeaching the deed for fraud. The land, previous to the sale by the sheriff, belonged to Dillahunty. Éjmith, the…
2Cases cited3 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Young v. WithersCourt of Appeals of Kentucky · 1839
3Cited by8 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Thompson v. BaxterSupreme Court of Minnesota · 1909
- Burgin v. HodgeSupreme Court of Alabama · 1922
- Stringfellow v. Curry & Co.Supreme Court of Alabama · 1884
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