Campbell v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. James A. Bilbro. This was a statutory action of ejectment, brought by the appellant, A. L. Campbell, against the appellee, R. W. Smith, to recover certain specifically described lands. The trial was had upon the plea of the general issue.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. James A. Bilbro. This was a statutory action of ejectment, brought by the appellant, A. L. Campbell, against the appellee, R. W. Smith, to recover certain specifically described lands. The trial was had upon the plea of the general issue. The plaintiff claimed the land as a purchaser at a sale under an execution, which had been issued upon a judgment rendered by a justice of the peace of DeKalb county, in a suit in which A. L. Campbell, the present plaintiff, was plaintiff, and R. W. Smith, the present defendant, was defendant.…
1Opinion of the CourtHead, J.
Independent of any statutory provision to the contrary, an execution issued by a justice of the peace has no force outside of the county of the justice. Section 3349 of. the Code of 1886 (Code of 1896, § 1936) provides, that “When a defendant in judgment removes to another county, or has property in any county other than that in which the judgment was rendered, execution on such judgment may be issued by the justice, and directed to any constable of such county, which must be certified by the judge of probate of the county in which the judgment was rendered, or by a justice of the county to…
2Cases cited2 opinions
- Street v. McClerkinSupreme Court of Alabama · 1884
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1886