Powell v. Allred
Supreme Court of Alabama
Writ of Error from the Circuit Court of Jefferson. The action is trespass qu. fre. to try titles to a tract of land described in the declaration. At the trial, both parties deduced title from the same source, one Tannehill.
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Writ of Error from the Circuit Court of Jefferson. The action is trespass qu. fre. to try titles to a tract of land described in the declaration. At the trial, both parties deduced title from the same source, one Tannehill. The plaintiff, Powell, showed a judgment in the circuit court of Blount, rendered in 1839 against Tannehill, and a sale by virtue of an execution thereon, as well as the sheriff’s deed, executed 5th November, 1845. The defendant, Allred, offered a deed from Tannehill to one Gillaspie, executed 31st December, 1833. The plaintiff objected to this, on the ground it never had…
1Opinion of the CourtGoldthwaite, J.
In Daniel v. Sorrells, 9 Ala. Rep. 436, the precise question decided was, that the title of the sheriff’s vendee was superior to that of a previous purchaser from the judgment debtor in consequence of the neglect to register his deed within six months from its execution, or before the judgment lien attached. We also held, that notice to the sheriff’s vendee of the previous deed from the debtor, did not render his title defective, as it was not shown the creditor himself had notice. We arrived at the conclusion, that a creditor was as much within the protection of the registration acts as a…
2Cases cited3 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Whitehurst v. BoydSupreme Court of Alabama · 1845
- Morgan v. MorganSupreme Court of Alabama · 1831
3Cited by7 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
- Byers v. EnglesSupreme Court of Arkansas · 1855
- Sloss-Sheffield S. & I. Co. v. TaffSupreme Court of Alabama · 1912
- Steadman v. SteadmanSupreme Court of Alabama · 1868
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