Supreme Court of Alabama, 1872

Eslava v. DePeyster

Eslava v. DePeyster
Supreme Court of Alabama · Decided January 15, 1872 · Saeeold
47 Ala. 468

Eslava v. DePeyster

Opinion of the Court

B. E. SAEEOLD, J.

The plea is founded upon a provision of an act “to regulate judicial proceedings in certain cases,” approved August 12, 1868. This act authorizes a *470stay of execution in favor of purchasers of land since May 1st, 1865, under certain circumstances. Even if it were not unconstitutional — about which there is no necessity for an expression of opinion — it has no reference to the rendition of judgment in the cases to which it was intended to apply. The plea was properly strickeu out as irrelevant. Rev. Code, § 2630.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.