Parks, Brewer & Co. v. Coffey
Supreme Court of Alabama
Appeal from Chancery Court of Jackson. Heard before Hon. R. L. Watkins. The facts are fully stated in the opinion in chief and the response to the application for a rehearing. 1. From 1865 to 1868, it was conceded by every department of the state government of Alabama that executions issued on judgments rendered during the war were valid.
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Appeal from Chancery Court of Jackson. Heard before Hon. R. L. Watkins. The facts are fully stated in the opinion in chief and the response to the application for a rehearing. 1. From 1865 to 1868, it was conceded by every department of the state government of Alabama that executions issued on judgments rendered during the war were valid. Foster v. Moody, January term, 1873. 2. The supreme court of the United States has repeatedly held that the transactions of courts and legislatures of the seceded States, in regard to domestic questions, and not violative of the Constitution and laws of the…
1Opinion of the CourtManning, J.
Appellants are in possession of, and purchased the land which is the cause of this suit, in December, 1866, at a sheriff’s sale under a pluries writ of execution upon a judgment of the circuit court of Jackson county, rendered in 1861, during the late war, against Wallace and Chitty. The land belonged to defendant Chitty. A writ of execution, on which the costs and interest were made, was issued on this judgment in 1862; another was issued June 28th, 1866 ; and next in order to this, without the lapse óf a term, was the pluries writ, under which the sale was made.
Appellants claimed the land…
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