Smith v. Mundy
Supreme Court of Alabama
■ Error to the Circuit Court of Butler. Tried before the Hon. John J. Woodward. This was an action of ejectment brought by the defendant against the plaintiff in error to recover a lot of land in Butler county.
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■ Error to the Circuit Court of Butler. Tried before the Hon. John J. Woodward. This was an action of ejectment brought by the defendant against the plaintiff in error to recover a lot of land in Butler county. It appears by a bill of exceptions that the plaintiff showed a patent for the land to one Manning, and a deed from said Manning to him, dated on the 9th day of January 1838. The defendant then produced in evidence the transcript of a judgment and execution thereon from the County Court of Lowndes, against the plaintiff, and in favor of one Rufus George. This execution issued on the 5th…
1Opinion of the CourtDargan, C. J.
In the case of Morgan v. Ramsey, 15 Al. 190, we held that a sheriff had no power to sell land under an execution, after the return day of the writ, and that a sale by' him afterwards, unless his authority was revived by some new process, would not pass the title to the purchaser. We were-forced to this conclusion by the decisions of this court previously' made, and it must now be considered as the settled law. — • See Barton v. Lockhart, 2 Stew. & Por. 109; Bobo v. Thompson, 3 ib. 385; Farmers Bank of Chattahoochie v. Reid, 3 Ala. 299.
As the sheriff sold the land after the return day of the…
2Cases cited3 opinions
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Bean v. WelshSupreme Court of Alabama · 1850
- Farmers' Bank of Chattahoochie v. ReidSupreme Court of Alabama · 1842
3Cited by13 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Barker v. BellSupreme Court of Alabama · 1861
- David v. ShepardSupreme Court of Alabama · 1867
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