Sellers v. Hayes

Citations

• 17 Ala. 749

Syllabus

<p>1. A judgment creates a lien en land, the legal tit'e to which is held by the defendant, from the time it is rendered, and a tit'e derived through it will prevail at law over that of a vendee, who at the date of the judgment held the complete equicable, and before the sale by the sheriff, has •acquired 'the legal title of the defendant. . .</p> <p>2. The possession of a vendee under a bond for titles is not adverse to his vendor, and cannot prevent the lien of a judgment, rendered against the latter during its continuance, from attaching to the 'bond.</p> <p>3. Where the record shows that a p’uries execution has issued on a judgment, it will be presumed, in the absence of evidence to the contrary, that others preceded it, and that the judgment had not become dormant by the failure to sue out execution within a year and a day.</p>