Cauly v. Blue
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. This was a real action under the Code, brought by the appellee, J. P. Blue, against the appellant, Thomas Cauly, to recover certain lands. The appellee claimed title by virtue of a sheriff’s deed to the premises, and to support this deed he offered in evidence a judgment rendered in his favor in a suit against Bobert J. and Delila Blair.
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Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. This was a real action under the Code, brought by the appellee, J. P. Blue, against the appellant, Thomas Cauly, to recover certain lands. The appellee claimed title by virtue of a sheriff’s deed to the premises, and to support this deed he offered in evidence a judgment rendered in his favor in a suit against Bobert J. and Delila Blair. This suit was commenced by attachment, which was levied on the lands in question as the statutory separate estate of Delila Blair. The judgment entry recites, that “ it appearing to the…
1Opinion of the CourtBrickell, C. J.
A purchaser of lands at a sale by a sheriff, to maintain an action of ejectment, must show the judgment on which the execution issued, under which the sale was made. It is the foundation of the authority of the sheriff to sell, without which his deed is of no more force than that of a stranger having no estate in the premises. Lewis v. Gognette, 3 St. & Port. 184. The judgment cannot operate as authority to the sheriff to sell, unless it proceeds from a court of competent jurisdiction — jurisdiction not only of the subject matter, power,to render the particular judgment, but jurisdiction also…
2Cases cited8 opinions
- Webster v. ReidSupreme Court of the United States · 1851
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hinson v. GambleSupreme Court of Alabama · 1880
- Lee v. RyallSupreme Court of Alabama · 1880
- Megraw v. WoodsMissouri Court of Appeals · 1902
- McMullen v. LockardSupreme Court of Alabama · 1879
- Ridley v. EnnisSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.