Hendon v. Delvichio
Cases that cite this one
2 later published cases cite this decision.
- Love v. Sims-Morgan Lumber Co. (Ala. 1934)
- Warren v. Jones (Ala. 1929)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.