Beck v. Burnett
Supreme Court of Alabama
Ereor to tbe Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by the defendant in error, against the intestate of the plaintiff in error, to redeem certain lands which had been sold, in 1844, by the United States marshal of the Southern District of Alabama, under an execution issued on a judgment rendered in March, 1840, in the Circuit Court of the United States for said Southern District.
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Ereor to tbe Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by the defendant in error, against the intestate of the plaintiff in error, to redeem certain lands which had been sold, in 1844, by the United States marshal of the Southern District of Alabama, under an execution issued on a judgment rendered in March, 1840, in the Circuit Court of the United States for said Southern District. These facts being admitted by the answer, the Chancellor decreed in favor of the complainant; and his decree is now assigned for error.
1Opinion of the CourtGoldth W Aite, J.
The only question presented by the record in this case is, whether the act of July, 1842, (Clay’s ' Dig. 502,) authorizing the redemption of lands sold under execution, operates on a sale made by the marshal, upon an execution based on a judgment of the Circuit Court of the United States for the Southern District of Alabama rendered in 1840, the sale having been made in 1844.
The cases to which the judicial power of the Federal Government extends, are defined by the constitution; and by the same instrument, the legislative department of the same government is invested with the authority to…
2Cases cited3 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
- Iverson v. ShorterSupreme Court of Alabama · 1846
3Cited by3 opinions
- Martin v. HewittSupreme Court of Alabama · 1870
- Curry v. LandersSupreme Court of Alabama · 1859
- Bugbee v. HowardSupreme Court of Alabama · 1858