Holly v. Bass' Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. The record does not show the name of the presiding chancellor. This was a motion by Alfred Holly, the appellant, to se& aside a sale of lands uncler execution, issued on a decree rendered against him by said court, in favor of Alfred Teel, as the administrator of the estate of Bennett B. Bass, deceased.
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Appeal from the Chancery Court of Crenshaw. The record does not show the name of the presiding chancellor. This was a motion by Alfred Holly, the appellant, to se& aside a sale of lands uncler execution, issued on a decree rendered against him by said court, in favor of Alfred Teel, as the administrator of the estate of Bennett B. Bass, deceased. The bill in that cause was filed by said administrator, on the 16th March, 1877, against said Holly and one John Earner; and sought to enforce a vendor’s lien on lands. Holly was a non-resident, residing in Pensacola, Florida: and a decree pro…
1Opinion of the CourtSomeryille, J.
Courts of law and equity alike possess a species of equitable jurisdiction, which is inherent in them, and by which they assume to prevent the abuse of their process, and so to control it as to secure the ends of justice and fair dealing. And it is on the basis of this universally recognized principle that courts exercise the power of setting aside sales under execution, issued on judgments rendered by themselves. The grounds of the jurisdiction usually are, mistake, irregularity, fraud, misconduct in selling, and gross inadequacy of price.—Rorer on Jud. Sales, §§ 1081-3, 1099; Drains v.…
2Cases cited4 opinions
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Ware v. BradfordSupreme Court of Alabama · 1841
- Hurt v. Nave's AdministratorSupreme Court of Alabama · 1873
- Draine v. Smelser & HendersonSupreme Court of Alabama · 1849
3Cited by9 opinions
- Allen v. AllenSupreme Court of Alabama · 1885
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Dean v. LuskSupreme Court of Alabama · 1941
- Parker v. ClaytonSupreme Court of Alabama · 1947
- Jones v. SpearSupreme Court of Alabama · 1920
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