Cowan & Co. v. Sapp
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th April, 1882, by Doctor B. Sapp, against the persons composing the partnership of Cowan & Co., a mercantile firm doing business in Nashville, Tennessee; and sought to set aside a sale of lands under execution in favor of said Cowan & Co., at which they became the purchasers, to cancel and set aside the sheriff’s deed to them, to have their judgment entered…
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Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th April, 1882, by Doctor B. Sapp, against the persons composing the partnership of Cowan & Co., a mercantile firm doing business in Nashville, Tennessee; and sought to set aside a sale of lands under execution in favor of said Cowan & Co., at which they became the purchasers, to cancel and set aside the sheriff’s deed to them, to have their judgment entered satisfied, and to enjoin an action of ejectment which they had brought to recover the land. The judgment of said Cowan…
1Opinion of the CourtBrickell, C. J.
— 1. The jurisdiction of the Circuit Court, to set aside the sale of the lands, because of the satisfaction of the execution at the time it was made, can not be doubted. Every court has an inherent power to prevent or correct the abuse of its own process by parties controlling it, or by the officer charged with its execution. — Mobile Cotton Press v. Moore, 9 Porter, 679; Abercrombie v. Conner, 10 Ala. 393; Henderson v. Sublett, 21 Ala. 626; Lankford v. Jackson, Ib. 650; Lockett v. Hurt, 57 Ala. 198. If the sale were impeached because of mere error in the process, or because of mere error or…
2Cases cited15 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Smith v. GayleSupreme Court of Alabama · 1877
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Ware v. BradfordSupreme Court of Alabama · 1841
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3Cited by21 opinions
- Wright v. McCordSupreme Court of Alabama · 1920
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Cleere v. CleereSupreme Court of Alabama · 1886
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
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