Anniston Pipe Works v. Williams
Supreme Court of Alabama
Appeal from the City Court of Auniston. Tried before the Hon. T. R. Matthews, Special Judge. The questions in both of these causes being the same, they are submitted together on the present appeal. The' proceedings were instituted by motions in the case of Anniston Pipe Works y. W. H. Williams, on the common law side of the docket of the Anniston city court.
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Appeal from the City Court of Auniston. Tried before the Hon. T. R. Matthews, Special Judge. The questions in both of these causes being the same, they are submitted together on the present appeal. The' proceedings were instituted by motions in the case of Anniston Pipe Works y. W. H. Williams, on the common law side of the docket of the Anniston city court. In the first case the motion is made by W. H. Williams, the defendant in execution ; and in the other case by T. L. and C. J. Houser, judgment creditors of said W. H. Williams. The Anniston Pipe Works had recovered a judgment against W.…
1Opinion of the CourtHaralson, J.
— 1. Section 2907 of the Code provides, as to the sale of real estate under execution, that “lands when levied upon under execution from any court of record, must be sold on any Monday in the month, at the court-house of the county.” It is not denied, that if there were but one court-house in Calhoun county, the' sale of the land in question, to be legal, must have been made at that place. There is high authority for holding, that where the statute prescribes the place where real estate is to be sold under execution, it is imperative and mandatory, and a sale at any other place would be void.…
2Cases cited13 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Koch & Dryfus v. BridgesMississippi Supreme Court · 1871
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Littell v. ZuntzSupreme Court of Alabama · 1841
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Duncan v. RudulphSupreme Court of Alabama · 1944
- Hames v. IrwinSupreme Court of Alabama · 1949
- Riley v. McElroySupreme Court of Alabama · 1945
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
9 more not listed; retrieve them via the Exa API.