Morgan v. Doe
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Before the lion. G. Goldthwaite. Ejectment by the defendant in error, for a tract of land.
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Error to the Circuit Court of Autauga. Before the lion. G. Goldthwaite. Ejectment by the defendant in error, for a tract of land. From a bill of exceptions, it appears, that the plaintiff below, was the purchaser of the land, at an execution sale, and it appearing that the land was sold by the sheriff after the return day of the execution, in virtue of a levy made previous to the return term, without any other writ authorizing him to sell, the defendant moved the court to charge, that the plaintiff could not recover; which charge the court refused to give, and he excepted. This is assigned as…
1Opinion of the CourtDargan, J.
The agent of the Branch Bank at Montgomery, appointed under the act of 1843, (Clay’s Dig. 118,) levied an execution on the land in controversy, which was *192issued against White, and was in favor of the bank. The execution was returnable to the circuit court of Montgomery, to be held on the first Monday of March, 1844, but was levied on the land in October previous to the return term of the writ. On the first Monday in April, 1844, the agent of the bank, by virtue of this levy, sold the land to the lessors of the plaintiff, but no other process ,had issued to him, to enable him to sell. On these…
2Cases cited5 opinions
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Downer v. HazenSupreme Court of Vermont · 1838
- Farmers' Bank of Chattahoochie v. ReidSupreme Court of Alabama · 1842
- Brown v. BakerSupreme Court of Alabama · 1839
- Barton v. LockhartSupreme Court of Alabama · 1832
3Cited by4 opinions
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
- Hawes v. RuckerSupreme Court of Alabama · 1891
- Flournoy v. MimsSupreme Court of Alabama · 1849
- Sheppard v. RheaSupreme Court of Alabama · 1873