Ayers v. Roper
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Pión. W. W. Wilkerson. . This was a statutory action of ejectment, brought by the appellees, Thomas E. and Hattie Roper, against Leonard Ayers and others. The plaintiffs claim title by virtue of a sheriff’s deed, conveying the property to L. L. Dean, their grantor, at a sale under an execution issued upon a judgment which one Kilpatrick had recovered against Benjamin Brown-lee.
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Appeal from the City Court of Birmingham. Tried before the Pión. W. W. Wilkerson. . This was a statutory action of ejectment, brought by the appellees, Thomas E. and Hattie Roper, against Leonard Ayers and others. The plaintiffs claim title by virtue of a sheriff’s deed, conveying the property to L. L. Dean, their grantor, at a sale under an execution issued upon a judgment which one Kilpatrick had recovered against Benjamin Brown-lee. The defendants claim title as tenants of Benjamin Brownlee, the execution debtor. The facts of the case are sufficiently stated in the opinion. The cause being…
1Opinion of the CourtHead, J.
The plaintiffs, who bring statutory ejectment against the tenants of Benjamin Browlee, claim title as the vendee of a purchaser at a sheriff’s sale, under an alleged judgment and execution against their landlord. The city court, upon a trial without a jury, rendered judgment against the defendants, and from that judgment the appeal is taken.
The sheriff’s deed recites an' execution, a levy, and a sale thereunder in February, 1891, but these recitals did not make out a case for the plaintiffs. It was necessary to make independent proof of a judgment, execution and levy — 3 Brick. Dig. 453, §…
2Cases cited10 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Clark v. SpencerSupreme Court of Alabama · 1883
- Baldridge v. PenlandTexas Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Warren v. JonesSupreme Court of Alabama · 1929
- Crabtree v. StreetSupreme Court of Alabama · 1918
- Thomas v. StateAlabama Court of Appeals · 1953
- Thompson v. HeiterSupreme Court of Alabama · 1939
3 more not listed; retrieve them via the Exa API.