Stewart v. Stokes
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. The bill in this case was filed by Charles Stewart, for the purpose of obtaining from the defendant, John Stokes, a divestiture of the legal title to a tract of land, which the complainant had purchased from one Willis B. Stokes, who had previously purchased it at sheriff’s sale under-execution against said John Stokes, his father; and to enjoin, tlie said John.
Read the full summary
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. The bill in this case was filed by Charles Stewart, for the purpose of obtaining from the defendant, John Stokes, a divestiture of the legal title to a tract of land, which the complainant had purchased from one Willis B. Stokes, who had previously purchased it at sheriff’s sale under-execution against said John Stokes, his father; and to enjoin, tlie said John. Stokes from cutting and hauling away timber from the land. The land was held by said John Stokes under patent from the United States, and was sold under…
1Opinion of the Court
RICE, O. J.—
The power of the sheriff, in this State, under fieri facias, to sell land, receive the purchase-money, endorse the sale and receipt of the purchase-money on the fieri facias, and execute a conveyance to the purchaser, is not a mere naked power, but a power coupled with a trust. It is a power which it is the duty of the sheriff to execute; made his duty by law, which has given him an interest extensive enough to enable him to discharge it. It is not given to him as a mere power, but as a trust and duty which he ought to fulfill; “and his *496omission to do so, by accident or design,…
2Cited by5 opinions
- White v. FarleySupreme Court of Alabama · 1886
- Burch v. DriverSupreme Court of Alabama · 1921
- McCall v. WhiteSupreme Court of Alabama · 1883
- Ridgway v. GloverSupreme Court of Alabama · 1877
- Scott v. WatsonCourt of Appeals of Tennessee · 1878