19 Ala. 245
Decided January 15, 1851
Supreme Court of Alabama · decided 1851-01-15
Tried before the Hon. S. C. Posey. 1. When the plaintiff, in such actions as this, rests his title upon a sheriff’s or marshal’s deed, he must show as a proper foundation of his title, a judgment, execution thereon, a levy and the sheriff’s or marshal’s deed. — Ware v. Bradford, 2 Ala. 676; Wheaton v. Sexton, 4 Wheat, 508. 2.
Cited by 1 later decisions — most recently November 1895
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1851-01-15
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¶1Drane, who was plaintiff below, claimed the land for which he brought this suit, as purchaser at a sale under execution. The Circuit Court allowed the execution to be proved by one of the witnesses of the plaintiffs below, although its loss or destruction was not proved, nor its absence accounted for, nor was any transcript of the record embracing the execution offered. This, we think, ivas erroneous.
¶2Let the judgment be reversed, and the cause remanded.