Beebe v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA. This was an action “ in the nature of ejectment,” as so denominated in the Alabama code, brought by the United States against Eugene Beebe, Sims Phillips, and Adeline Thomas for the recovery of an undivided one fourth interest in a tract of land .known as the'Montgomery race track, containing eighty acres, in the Circuit Court of the United States for the Middle District of Alabama.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA. This was an action “ in the nature of ejectment,” as so denominated in the Alabama code, brought by the United States against Eugene Beebe, Sims Phillips, and Adeline Thomas for the recovery of an undivided one fourth interest in a tract of land .known as the'Montgomery race track, containing eighty acres, in the Circuit Court of the United States for the Middle District of Alabama. Beebe defended as landlord, and Phillips and Thomas were his tenants. Trial was had; a verdict rendered for plaintiffs; and…
1Opinion of the CourtChief Justice Fuller
The exception saved by defendants was to. the refusal of the court to admit the deed of March 22, 1877, in evidence, and the first three errors assigned may be considered together.
It is the settled law of Alabama that a judgment in itself imposes no lien upon the property of the judgment debtor, real or personal, but that the issue of an execution and its delivery to. the officer are necessary to create a lien. Dane v. McArthur, 57 Alabama, 448; Carlisle v. Godwin, 68 Alabama, 137; Perkins v. Brierfield Iron & Coal Co., 77 Alabama, 403, 409.
Under section 2871 of the Code of Alabama of 1867,…
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