Martinez v. Lindsey
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This action was brought by W. J. Martinez, as the administrator of the estate of E. P. Martinez, deceased, against the partners composing the firm of Lindsey & Gay, to recover the possession of a tract of land particularly described in the complaint ; and was commenced on the 13th August, 1888. The plaintiff claimed the land as purchaser at sheriff’s sale under execution against M. C. Stokes,…
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Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This action was brought by W. J. Martinez, as the administrator of the estate of E. P. Martinez, deceased, against the partners composing the firm of Lindsey & Gay, to recover the possession of a tract of land particularly described in the complaint ; and was commenced on the 13th August, 1888. The plaintiff claimed the land as purchaser at sheriff’s sale under execution against M. C. Stokes, which execution was issued on a judgment recovered by him against said Stokes on the 28th March, 1884; and the defendants…
1Opinion of the CourtColeman, J.
Many questions discussed in brief of attorneys for appellant Lave been eliminated by the agreement of the parties, made in open court, and set out in the bill of exceptions. The facts oí the case, as limited by the agreement, may be briefly stated as follows :
On the 28th of March, 1884, plaintiff recovered a judgment against M. O. Stokes. Executions were regularly issued; and on the first of March, 1886, the lands in controversy were sold under the execution by the sheriff, at which sale plaintiff became the purchaser. The sheriff executed to him a deed, and plaintiff instituted the present…
2Cases cited10 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Comer v. SheehanSupreme Court of Alabama · 1883
- Fenno v. SayreSupreme Court of Alabama · 1842
- Cooper v. HornsbySupreme Court of Alabama · 1881
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3Cited by15 opinions
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Mitchell v. CarterSupreme Court of Oklahoma · 1912
- Ward v. WardSupreme Court of Alabama · 1895
- Hatter v. QuinaSupreme Court of Alabama · 1927
- Kendrick v. ColyarSupreme Court of Alabama · 1904
10 more not listed; retrieve them via the Exa API.