Sellers v. Hayes
Supreme Court of Alabama
Error to the Circuit Coart of Marengo. Tried before the Hon. Samuel Chapman. 1. This court has repeatedly decided that in actions of ejectment or trespass to try titles, it will not notice merely equitable interests; nor will it suffer the interposition of them to prevent the transmission of the legal title in the usual and well known legal methods.
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Error to the Circuit Coart of Marengo. Tried before the Hon. Samuel Chapman. 1. This court has repeatedly decided that in actions of ejectment or trespass to try titles, it will not notice merely equitable interests; nor will it suffer the interposition of them to prevent the transmission of the legal title in the usual and well known legal methods. One of these methods of transmitting title is by a sheriff’s sale to satisfy a judgment; and the judgment at the time of its rendition, so fastens upon the legal estate as to prevent it from being conveyed away,-exonerated from the liability to be…
1Opinion of the CourtParsons, J.
This was an action of trespass to try titles to the tract of land described in the declaration. It was shown, that William K. Beck obtained a patent for the land, bearing date the 8th of August 1832, and that, on the 17th day of May 1836, a judgment was rendered in the Circuit Court of Wil*751cox against him in favor of one Brown, for two hundred and fifty dollars. In 1844 the land was sold, under a pluries execntion, to satisfy the judgment, and the plaintiffs became the purchasers. The defendant, to show title in himself, proved that Beck, to whom the patent issued,, sold the land in 1832 to…
2Cases cited7 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Morris v. EllisSupreme Court of Alabama · 1842
- Elmore v. HarrisSupreme Court of Alabama · 1848
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3Cited by15 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Miller v. StateSupreme Court of Alabama · 1863
- Farley v. SmithSupreme Court of Alabama · 1863
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Caldwell v. Parmer's Adm'rSupreme Court of Alabama · 1876
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