Rhea, Conner & Co. v. Hughes
Supreme Court of Alabama
Writ of error to the Circuit Court of Cherokee County. THIS was a motion for judgment against the defendant, as sheriff of Cherokee county, on a suggestion, that he could, by the using of due diligence, have made the money on an execution issued at the suit of the plaintiffs, against Robert Bell, and which came to the defendant, as sheriff An issue was formed under the direction of the court, which was found against the plaintiffs.
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Writ of error to the Circuit Court of Cherokee County. THIS was a motion for judgment against the defendant, as sheriff of Cherokee county, on a suggestion, that he could, by the using of due diligence, have made the money on an execution issued at the suit of the plaintiffs, against Robert Bell, and which came to the defendant, as sheriff An issue was formed under the direction of the court, which was found against the plaintiffs. At the trial, a bill of exceptions was taken by the plaintiffs, from which it appears, that at the time the execution was placed in the hands of the sheriff, Bell…
1Opinion of the CourtGoldthwaite, J.
— The facts of the case present a question entirely novel: and no authorities bearing directly on it, have met our views.
It cannot be denied, that the possession, or rather occupation, by Bell, of the public land, in the manner shown by the records, is, to some extent, beneficial to him, and we are fully aware that an interest of this description, is fiequently the subject of purchase and sale. -But, it is not such an interest as is capable of being sold by an execution. It is neither an estate by sufferance, at will, or for years, nor can the continued occupation of the land ever operate, so…
2Cited by4 opinions
- Doe ex dem. Cook v. WebbSupreme Court of Alabama · 1851
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Doe ex dem. Heydenfeldt v. MitchellSupreme Court of Alabama · 1844
- McTyer v. McDowellSupreme Court of Alabama · 1860