Hendon v. Delvichio
This text of 137 Ala. 594 (Hendon v. Delvichio) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A sheriff’s sale made under process issued-without authority confers no right or title, and in general the issuance of execution is unauthorized, unless in pursuance of a, valid judgment or decree. — Barclay v. Plant, 50 Ala. 509; Brightman v. Merriwether, 121 Ala. 602; 11 Amer. & Eng. Ency. of Law, 610. The execution on which Avas based the sheriff’s deed here sought to be cancelled, avíis issued for costs accruing in a criminal case, but Avithout any judgment for the reC0Arery of such costs. The execution, sale and deed Avere each void. The deed constituted a cloud on complainant's title of Avhicli the complainant was entitled to be relieved.
Decree affirmed.
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137 Ala. 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendon-v-delvichio-ala-1902.