Sawyer v. Ware
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the lion. John E. Moore. This action was brought by Horace Ware, against Henry J. Sawyer, to recover damages for the defendant’s tortious seizure and sale, under execution against Clabough k Pool, of nine or ten tons of pig-iron, which the defendant, as sheriff, had seized and sold as the property of said Clabough, and which the plaintiff claimed under a contract of purchase from said Clabough.
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Appeal from the Circuit Court of Shelby. Tried before the lion. John E. Moore. This action was brought by Horace Ware, against Henry J. Sawyer, to recover damages for the defendant’s tortious seizure and sale, under execution against Clabough k Pool, of nine or ten tons of pig-iron, which the defendant, as sheriff, had seized and sold as the property of said Clabough, and which the plaintiff claimed under a contract of purchase from said Clabough. The execution, under which the defendant justified, was issued on the 2d April, 1858, on a judgmeut which was recovered against said Clabough &…
1Opinion of the CourtA. J. Walker, C. J.
A judgment in the suit of a purchaser of personal property, with a warranty of title, is evidence as to the seller, when the title derived from the latter was in controversy, and he had notice of the suit. — Mahone v. Yancey, 14 Ala. 395; Dupuy v. Roebuck, 7 ib. 484. Only two questions, in reference to the plaintiff’s title, could arise upon the facts in this case; and those questions are, whether a sale was made; and if it was made, whether it was valid. The former of those questions brings into controversy the making of the sale, and not the quality of the title derived by a sale; and no…
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