Foster v. Mabe
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Greene county. Detinue to recover a quantity of lumber. ■ The cause was tried on the general issue, and a verdict returned in favor of the plaintiff, Mabe, on which judgment was rendered. A bill of exceptions was sealed at the instance of the defendant Foster, which discloses the following facts.
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Wkit of Error to the Circuit Court of Greene county. Detinue to recover a quantity of lumber. ■ The cause was tried on the general issue, and a verdict returned in favor of the plaintiff, Mabe, on which judgment was rendered. A bill of exceptions was sealed at the instance of the defendant Foster, which discloses the following facts. One Alexander was seized and possessed in fee of a lot of land in the town of Eutaw, in Greene county,he made a parol, agreement to sell the lot to one Quarles for five hundred dollars. Quarles, under this agreement, entered into possession of the lot, and…
1Opinion of the CourtGoldthwaite, J.
1. The validity of the sheriff’s sale, .through which the plaintiff in the Court below derived his title to the lumber sued for, is denied ; and one of the objections to it is, that the house was not a chattel subject to execution.
As between Alexander, the owner of the fee, and Quarles, who was in possession under him as a purchaser, no question arises, for both of them have treated the house as mere personal property. We must then consider whether their action in this respect has the effect to detérmine the character of the house as real or personal estate. It is said that the law by which a…
2Cases cited3 opinions
- Ware v. BradfordSupreme Court of Alabama · 1841
- Bostwick v. LeachSupreme Court of Connecticut · 1809
- Moore v. ArmstrongSupreme Court of Alabama · 1839
3Cited by27 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Cleveland v. StateSupreme Court of Alabama · 1888
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Burbridge v. TherrellSupreme Court of Florida · 1933
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