McCollum v. Hubbert
Supreme Court of Alabama
Error to the Circuit Court of Fayette. Before the Hpn. S. Chapman. This was an action of Trespass at the suit of the defendants in error to try titles to several adjoining tracts of land situated in Fayette county. The cause was tried on the plea of “ not guilty,” averdict returned for the plaintiff, assessing his damages at two hundred dollars, and judgment thereon rendered.
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Error to the Circuit Court of Fayette. Before the Hpn. S. Chapman. This was an action of Trespass at the suit of the defendants in error to try titles to several adjoining tracts of land situated in Fayette county. The cause was tried on the plea of “ not guilty,” averdict returned for the plaintiff, assessing his damages at two hundred dollars, and judgment thereon rendered. A bill of exceptions was sealed at the defendant’s instance, which presents the following points: 1. The plaintiffs claimed the land in question as purchasers at a sale made by the sheriff, under writs of fieri facias,…
1Opinion of the CourtCollier, C. J.
1. If the execution at the suit of McLester against the defendant should have been rejected because it varied from the judgment, it may well be questioned whether its admission prejudiced the defence. The judgment and execution in favor of Hogan, were sufficient to sustain the sale and sheriff’s deed to the plaintiffs. But be this as it may, the variance did not make the execution an absolute nullity. In Cawthorn v. Knight, 11 Ala. R. 579, it was held, that courts, in virtue of their power over process issued by them, or their officers, without the aid of legislation may amend an execution by…
2Cases cited1 opinion
- Draughan v. Tombeckbee BankSupreme Court of Alabama · 1830
3Cited by6 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Nodd v. StateCourt of Criminal Appeals of Alabama · 1989
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
- Lundy v. StateSupreme Court of Alabama · 1890
- Munter v. LeinkauffSupreme Court of Alabama · 1885
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