Webb v. Bumpass
Supreme Court of Alabama
Error to the Circuit court of Lauderdale county. Trespass, to try title — tried before Coleman, J. The plaintiff in error brought an action of trespass against the defendant, in the Circuit court of Lauderdale, as well to try title to a tract of land situate in that county, as to recover damages for its occupation. The case was submitted to the jury on the plea of “ not guilty.”
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Error to the Circuit court of Lauderdale county. Trespass, to try title — tried before Coleman, J. The plaintiff in error brought an action of trespass against the defendant, in the Circuit court of Lauderdale, as well to try title to a tract of land situate in that county, as to recover damages for its occupation. The case was submitted to the jury on the plea of “ not guilty.” On the trial, the plaintiff proved that in eighteen hundred and twenty-seven, he recovered a judgment against the defendant, on which a fieri facias issued, and was placed in the hands of the then sheriff of…
1Opinion of the CourtCollier, C. J.
We do not understand that the writ of fieri facias, with its endorsement, was the only evidence offered by the plaintiff of his right to recover, but only that it was proposed, so far as it was pertinent to maintain the issue. He may- have been prepared with the sheriff’s deed, and such other evidence as was necessary to show that the particular tract of land embraced by it, is identical with that, on which the execution was levied.
It was said at the bar, that the evidence was rejected, because the first fieri facias having been levied on property sufficient to satisfy the judgment, the…
2Cited by7 opinions
- Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Kelly v. McCawSupreme Court of Alabama · 1856
- Barclay v. PlantSupreme Court of Alabama · 1874
- Chambers v. StoneSupreme Court of Alabama · 1846
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