Wilson v. Henderson
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Suit by J. E. Henderson against Lizzie Wilson, relative to the title to certain land, out of which grew a decree of sale. From the decree confirming the register’s report of sale, Lizzie Wilson appealed.
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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Suit by J. E. Henderson against Lizzie Wilson, relative to the title to certain land, out of which grew a decree of sale. From the decree confirming the register’s report of sale, Lizzie Wilson appealed. The court will review the report of the register, without presumption of the correctness of the finding in the lower court. 105 Ala. 240, 16 South. 720. The following authorities direct what is proper under the circumstances here: Sections 2642 and 5226, Code 1907; 97 Ala. 584, 12 South. 106; 87 Ala. 442, 6 South. 301; 67 Ala.…
1Opinion of the CourtSayre, J.
The prior history of this litigation may be seen in 200 Ala. 187, 75 South. 935, and 203 Ala. 474, 83 South. 484. This appeal is from a decree overruling exceptions to the register’s report of a sale made in 'lieu Two questions are presented of partition, for review.
[1-3] in the first place appellant, defendant qelow, alleges that the sale was not made on ^le £ay advertised. Sale was made on April 12, 1920. In the transcript there appears, as of date March 1, 1920, a copy of a paper purporting to be the register’s advertisement of a sale to be made on April 5, 1920. But the register’s report…
2Cases cited4 opinions
- Helena Coal Co. v. SibleySupreme Court of Alabama · 1902
- Wilson v. HendersonSupreme Court of Alabama · 1917
- Schloss-Sheffield Steel & Iron Co. v. BordenSupreme Court of Alabama · 1918
- Henderson v. WilsonSupreme Court of Alabama · 1919
3Cited by2 opinions
- Hicks v. HicksSupreme Court of Alabama · 1978
- Hicks v. HicksSupreme Court of Alabama · 1978