Watt v. Killebrew
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Lucy Watt against W. B. Killebrew for tbe recovery of land. Judgment for defendant and plaintiff appeals. Possession of a judgment debtor is not adverse to the purchaser who buys at a sale under execution on a judgment against the debtor. — Sellers v. Farmer, 151 Ala. 487. A vendee of the debtor occupies no higher or better ground than the debtor himself.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Lucy Watt against W. B. Killebrew for tbe recovery of land. Judgment for defendant and plaintiff appeals. Possession of a judgment debtor is not adverse to the purchaser who buys at a sale under execution on a judgment against the debtor. — Sellers v. Farmer, 151 Ala. 487. A vendee of the debtor occupies no higher or better ground than the debtor himself. Adverse possession began to run from the time of the execution of a deed and the delivery of possession from the judgment debtor to his vendee. — Barclay v. Smith,…
1Opinion of the CourtDenson, J.
At the fall term, 1894, of the circuit court held for Geneva county, the state of Alabama recovered judgment against John J. Fowler. Execution *455was issued on the jugdment and levied by the sheriff in the autumn of 1894 on the lands in controversy as the lands of John J. Fowler. The lands were regularly advertised and sold under said levy on the 4th day of March, 1895, by the sheriff. At the sale the plaintiff in this action became the purchaser, and on the day of the sale she received a deed as such purchaser to the lands from the sheriff. The proof showed without conflict that from some time…
2Cases cited3 opinions
- Barclay v. SmithSupreme Court of Alabama · 1880
- Brunson v. MorganSupreme Court of Alabama · 1888
- Sellers v. FarmerSupreme Court of Alabama · 1907
3Cited by1 opinion
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943