Thompson v. Brown
Supreme Court of Alabama
Appeal from Chancery Court, Jefferson Comity; A. H. Benners, Chancellor. Bill by Morgan D. Brown against N. F. Thompson and others. Decree for complainant, and Thompson appeals. Bill to declare void a certain execution sale of complainant’s real estate, or, in the alternative, to effect a redemption of the property from the purchaser at the sale, or from his subvendee.
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Appeal from Chancery Court, Jefferson Comity; A. H. Benners, Chancellor. Bill by Morgan D. Brown against N. F. Thompson and others. Decree for complainant, and Thompson appeals. Bill to declare void a certain execution sale of complainant’s real estate, or, in the alternative, to effect a redemption of the property from the purchaser at the sale, or from his subvendee. The sale was made under an execution for the collection of court costs, issued in a cause wherein complainant was the successful party; the costs being taxed against complainant in the event they could not be made out of the…
1Opinion of the CourtSomervilde, J.
[1] Redemptors of land sold under execution must pay or tender the required amount' of money to the purchaser or his vendee. Code, §§ 5746-5749. One entitled to redeem “must, however, have notice, or information of facts sufficient to put him on inquiry that the purchaser has divested himself of title, and who has succeeded to it, before he can be required to make the offer and tender to the alienee or grantee of the purchaser, or to any one else than the purchaser. In the absence of such notice, or of such information, it is to the purchaser only he can apply for redemption, and it is his…
2Cases cited6 opinions
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Drum & Ezekiel v. BryanSupreme Court of Alabama · 1915
- Worthington v. MillerSupreme Court of Alabama · 1901
- Camp v. SimonSupreme Court of Alabama · 1859
- Henry v. Tennessee Live Stock Co.Supreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Wood v. EstesSupreme Court of Alabama · 1932
- Sellers v. ValenzuelaSupreme Court of Alabama · 1947
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
13 more not listed; retrieve them via the Exa API.