Forrest v. Camp
Supreme Court of Alabama
Error to the Circuit Court of Jefferson, Tried before the Hon. Geo. D. Shortridge. • This was an action of trespass to try title to a lot and improvements in the town of Elyton, and was instituted by the defendant against the plaintiffs in error.
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Error to the Circuit Court of Jefferson, Tried before the Hon. Geo. D. Shortridge. • This was an action of trespass to try title to a lot and improvements in the town of Elyton, and was instituted by the defendant against the plaintiffs in error. The plaintiff below rested his title on a judgment for costs, rendered against one Jonathan Steele, on the 4th February 1840, in the County Court of Jefferson, an execution thereon, and a sale under it on the first Monday in June 1840, a deed from the sheriff to Jonathan B. Badger and Sylvester Steele, the purchasers at said sale, and ■ a deed from…
1Opinion of the CourtDargan, C. J.
It is contended by the plaintiffs in error, that a judgment for cost alone, rendered in favor of a defendant against the plaintiff, does not create a lien on the land of the party against whom it is rendered. This question involves the construction of our statutes, subjecting land to the payment of judgments; for at common law the lands of a debtor could not be sold or in any manner made liable to the payment of debts. By the act of 1807, (Clay’s Digest 199,) it is enacted, “ that all persons, who shall recover any debt, damages or cost by the judgment of any court of record within this…
2Cases cited7 opinions
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- Morris v. EllisSupreme Court of Alabama · 1842
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Carter v. CastleberrySupreme Court of Alabama · 1843
- Love v. PowellSupreme Court of Alabama · 1843
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3Cited by6 opinions
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- Brown v. HunterSupreme Court of Alabama · 1898
- McMillan v. DavenportMontana Supreme Court · 1911
- Fawcetts v. KimmeySupreme Court of Alabama · 1858
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