Lankford v. Jackson
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Tried before the Hon. George Goldthwaite. MOTION by the plaintiff in error to quash an execution, and set aside a sale of land made under it b}' the sheriff. The land was proved to be worth §1000, and was purchased at the sale, by the attorney of the plaintiff in execution, for §6. The sale should have been set aside.
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Error to the Circuit Court of Cherokee. Tried before the Hon. George Goldthwaite. MOTION by the plaintiff in error to quash an execution, and set aside a sale of land made under it b}' the sheriff. The land was proved to be worth §1000, and was purchased at the sale, by the attorney of the plaintiff in execution, for §6. The sale should have been set aside. It was the duty of the sheriff, to return the fi. fa. stating the levy, and that the land was “ not sold for want of bidders.” Powell v. Governor, 9 Ala. 39; Watson on Sheriffs, 190; Keightley v. Birch, 3 Campbell, 521; Leader v. Danvers,…
1Opinion of the CourtChilton, C. J.
— This was a motion by Lankford to quash an execution, and set aside a sale made under it, of a certain tract of land, by the sheriff.
It appears, that the judgment under which the land was ‘sold, was rendered on the 12th May, 1840, and the sale was made in April, 1843; that Lankford filed his petition in bankruptcy on the 16th May, 1842, was declared a bankrupt by the decree of the District Court in November of that year, and finally discharged on the 18th May, 1843. The land was purchased between the decree declaring him a bankrupt and his final discharge, and was levied upon and sold, as…
2Cases cited1 opinion
- Powell v. GovernorSupreme Court of Alabama · 1846
3Cited by11 opinions
- In the Matter of Chung King, Inc., Debtor. Appeal of Michael T. NigroCourt of Appeals for the Seventh Circuit · 1985
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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