Stainton's Adm'rs v. Simmons
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. John A. Cuthbert. John Stainton, the intestate of the appellants, made a motion, before a justice of the peace, to set aside a constable’s sale, on the ground that the constable had no authority to make it, inasmuch as one of the executions in his hands had been quashed before the sale, and the other had been fully paid off and satisfied.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. John A. Cuthbert. John Stainton, the intestate of the appellants, made a motion, before a justice of the peace, to set aside a constable’s sale, on the ground that the constable had no authority to make it, inasmuch as one of the executions in his hands had been quashed before the sale, and the other had been fully paid off and satisfied. The justice refused to set aside the sale, and the plaintiff in the motion took the case, by appeal, to the Circuit Court. The constable and the purchaser at the sale were the only defendants to…
1Opinion of the CourtLigon, J.
There was no necessity to make the plaintiffs in the executions, under which the officer pretended to sell the property, parties to the motion to set aside the sale. They had no interest whatever in the controversy between the officer and the defendant in execution, arising out of the misconduct of the former in executing the process in his hands. The only parties in interest were, the constable and the purchaser at his sale. These were before the court; and the case should not have been dismissed, but the court should have heard it on its merits.
In the case of The Mobile Cotton Press Co. v.…
2Cases cited1 opinion
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
3Cited by2 opinions
- Beach v. DennisSupreme Court of Alabama · 1872
- White-Diamond v. Hightower & Co.Supreme Court of Georgia · 1906