Curry v. Landers
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. John Poster. The bill in this case was filed by James B. M. Landers and Emlay Russell, against William Curry and the commissioner of the State Bank and Branches, for the purpose of enjoining the sale of a certain tract of land under execution.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. John Poster. The bill in this case was filed by James B. M. Landers and Emlay Russell, against William Curry and the commissioner of the State Bank and Branches, for the purpose of enjoining the sale of a certain tract of land under execution. The land in controversy was conveyed by an Indian reservee, in August, 1836, to Gideon Riddle and James Hall, who, in March, 1840, conveyed the same to one Powell, as trustee, to secure a debt due to one John Neal. At the trustee’s sale under the deed, on the 14th August, 1842, John Neal…
1Opinion of the CourtA. J. Walker, C. J.
In Daily v. Burke, 28 Ala. 328, it was decided, that the statute giving to judgments, from their rendition, a lien on land, was repealed by the adoption of the Code; and the constitutional power of the legislature to abrogate a lien upon real estate given by the pre-existing law, by the repeal of the law, was treated as a conceded question. We are now invited by the argument of appellant’s counsel to reconsider the question of the power of the legislature to take away the previously acquired lien. That precise point was necessarily involved in the case of Iverson v. Shorter, 9 Ala. 713, and…
2Cases cited4 opinions
- Iverson v. ShorterSupreme Court of Alabama · 1846
- Bugbee v. HowardSupreme Court of Alabama · 1858
- Daily v. BurkeSupreme Court of Alabama · 1856
- Beck v. BurnettSupreme Court of Alabama · 1853
3Cited by11 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Martin v. HewittSupreme Court of Alabama · 1870
- Enslen v. WheelerSupreme Court of Alabama · 1893
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Dickson v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1921
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