Sheppard v. Rhea
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. ¥m. L. Whitlock. This action was brought, by R. B. Rhea, against A. W. Sheppard and others, to recover the possession of a certain tract of land, which was particularly described in the complaint, together with damages for its detention.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. ¥m. L. Whitlock. This action was brought, by R. B. Rhea, against A. W. Sheppard and others, to recover the possession of a certain tract of land, which was particularly described in the complaint, together with damages for its detention. To make out his title to the land, as the bill of exceptions shows, the plaintiff offered in evidence a judgment in his. own favor against said A. W. Sheppard, an execution thereon, which was levied on the land in controversy as- the property of said Sheppard, and the sheriff’s deed to said…
1Opinion of the CourtB. F. Saffold, J.
— The only material point argued by the counsel of the parties is, whether a sale of land made by the sheriff, under execution, on the first day of the term to which the writ is returnable, is void ? We think it is. The execution is inoperative, after the time in which it should be returned. That time is certainly terminated by the commencement of the return term. It cannot include the first day of that term, because there must be a completion of the time ; and no reason can be given for its extension to the first day, which would not equally apply to the second, or any other day of the term.
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2Cases cited2 opinions
- Smith v. MundySupreme Court of Alabama · 1850
- Morgan v. DoeSupreme Court of Alabama · 1849