Chambers v. Stone
Supreme Court of Alabama
Error to the County Court of Mobile. Motion in the court below, to quash an execution, and levy, and set aside the sale made thereon. On the 14th June, 1836, one Porter recovered a judgment against Wm. D. Stone, for $1123 34, upon which an execution issued, and was enjoined by the Chancellor.
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Error to the County Court of Mobile. Motion in the court below, to quash an execution, and levy, and set aside the sale made thereon. On the 14th June, 1836, one Porter recovered a judgment against Wm. D. Stone, for $1123 34, upon which an execution issued, and was enjoined by the Chancellor. On the 7th June, 1841, the Register certified that the injunction was dissolved, and on the same day an execution issued on the judgment, returnable to the 2d Monday in June, 1841. On the day it issued, the sheriff levied it on certain land of the defendant, and returned it, that the land was not sold…
1Opinion of the CourtOrmond, J.
The case of Harrell v. Martin, Pleasants & Co. 4 Ala. Rep. 650, is a conclusive authority, that the execution was irregularly issued, there being less than fifteen days between the teste and the return day of the writ, and that the court below acted correctly in quashing the execution.
It is admitted by the counsel for the defendant in error, that the quashing of the execution does not necessarily set aside the sale, and that if the purchaser acted in good faith, and in ignorance of the irregularity of the process, purchased the property, paid his money, and obtained a deed, that he should not…
2Cases cited3 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Webb v. BumpassSupreme Court of Alabama · 1839
- Harrell v. Martin, Pleasants & Co.Supreme Court of Alabama · 1843
3Cited by8 opinions
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- Ex parte BeaversSupreme Court of Alabama · 1859
- Ex parte Arvest BankSupreme Court of Alabama · 2016
- Lee v. DavisSupreme Court of Alabama · 1849
- Nuckols v. MahoneSupreme Court of Alabama · 1849
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