Legal Opinion

Mobile Cotton Press & Building Co. v. Moore

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 21 opinions

Error to Mobile County court. Rule upon the sheriff, &c, The plaintiffs in error moved the County court of Mobile upon affidavits filed, for a rule to be addressed to the defendants, requiring them to show cause why the sale made by Magee, as sheriff, to Moore, under an execution issued from that court, at the suit of Edward Harding, against the plaintiffs in error, should not be set aside, and the conveyance (if any) to the purchaser, delivered up and cancelled.

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Error to Mobile County court. Rule upon the sheriff, &c, The plaintiffs in error moved the County court of Mobile upon affidavits filed, for a rule to be addressed to the defendants, requiring them to show cause why the sale made by Magee, as sheriff, to Moore, under an execution issued from that court, at the suit of Edward Harding, against the plaintiffs in error, should not be set aside, and the conveyance (if any) to the purchaser, delivered up and cancelled. The rule was accordingly granted, returnable on a day therein expressed, and duly served on the defendants. Several affidavits were…

1Opinion of the Court

COLLIER, C. X.

It is well settled at common law, that courts of judicature possess a controlling power over the acts of their officers, which it is their duty to exercise in advancement of justice. Thus, if a sheriff is guilty of an irregularity in- his proceedings upon an execution, to the prejudice of either party, or a third person, the court will either set aside, or correct the act complained of. As, for example, if a sheriff, in executing a writ of habere facias possessionem, deliver to the plaintiff the possession of other or more land than he has recovered,, the court, on motion, will…

2Cases cited4 opinions

  1. Groff v. JonesNew York Supreme Court · 1831
  2. Jackson, ex rel. Webb v. RobertsNew York Supreme Court · 1831
  3. Reed v. BrooksCourt of Appeals of Kentucky · 1823
  4. Mills v. RogersCourt of Appeals of Kentucky · 1822

3Cited by21 opinions

  1. Reynolds v. HarrisCalifornia Supreme Court · 1860
  2. Watts v. GayleSupreme Court of Alabama · 1852
  3. Dunn v. PoncelerSupreme Court of Alabama · 1937
  4. Ware v. BradfordSupreme Court of Alabama · 1841
  5. Cowan & Co. v. SappSupreme Court of Alabama · 1883

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