Nolen v. Heirs of Gwyn
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. Geo. W. Stone. This was an action of trespass to try titles, brought by the plaintiffs against Isham Gwyn in his life time, and after his death, revived against his heirs at law.
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Error to the Circuit Court of Macon. Tried before the Hon. Geo. W. Stone. This was an action of trespass to try titles, brought by the plaintiffs against Isham Gwyn in his life time, and after his death, revived against his heirs at law. The bill of exceptions contains a copy of the patent for the land in controversey to William H. Simmons and George W. Thompson, dated the 12th January 1841, which recites that they purchased the land in 1834, from an Indian reservee under the Creek treaty of 1832, and that the. contract of purchase was approved by the President on the 11th January 1841. The…
1Opinion of the Court
DARGAN, C.
— It is not necessary to determine whether an injunction bond, after the dissolution of the injunction, creates a lien on the lands of the obligors or not, for it is clear that after a levy and sale by an execution issued on the bond in the manner prescribed by the act, the title passes to the purchaser. It follows, therefore, that Gwyn by his purchase acquired such title as Connell bad; he stands in the stead and' shoes of Connell, and if- the plaintiffs are entitled to recover as against Connell, they are equally entitled to recover against, *727Gwyn. . This view renders it…
2Cases cited2 opinions
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- Doe ex dem. McGintry v. ReevesSupreme Court of Alabama · 1846
3Cited by24 opinions
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- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Sillyman v. KingSupreme Court of Iowa · 1873
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
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