Martin v. Dollar
Supreme Court of Alabama
[BILL IN EQUITY FOR REFORMATION OF SHERIFF’S DEED.] Appeal from the Chancery Court of St. Clair. Heard before the Hon. James B. Clare. This bill was filed by John Martin, the appellant, seeking the reformation of a sheriff’s deed in the description of the land, and an injunction of an action at law instituted by the defendant in the judgment for the recovery of the land.
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[BILL IN EQUITY FOR REFORMATION OF SHERIFF’S DEED.] Appeal from the Chancery Court of St. Clair. Heard before the Hon. James B. Clare. This bill was filed by John Martin, the appellant, seeking the reformation of a sheriff’s deed in the description of the land, and an injunction of an action at law instituted by the defendant in the judgment for the recovery of the land. The land was sold in 1838, under a judgment of the circuit court against one John Hollar, and was purchased by the plaintiff, who afterwards sold and conveyed to Eendall Bobertson. The chancellor held the deed void, and…
1Opinion of the CourtRice, C. J.
If the judgments of the circuit court, under which the complainant became the purchaser of the lands at the sheriff’s sale, were void, the alleged mistakes in the sheriff’s deed cannot be corrected in a court of equity; because the sale of the lands under such judgments was a nullity, and passed no title, either legal or equitable, to the purchaser, (Stewart v. Nuckolls, 15 Ala. 225;) and it would, therefore, be useless and vain for the court to correct the mistakes in the deed, even if they existed. The mere correction of them could not possibly benefit the purchaser. To render him any…
2Cases cited8 opinions
- Stewart v. NuckolsSupreme Court of Alabama · 1849
- Perkins v. ReedSupreme Court of Alabama · 1848
- Blount v. TraylorSupreme Court of Alabama · 1843
- Caldwell v. MeadorSupreme Court of Alabama · 1843
- Dew v. Bank of the StateSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Board of Education of Marshall County v. BaughSupreme Court of Alabama · 1941
- Reddick v. LongSupreme Court of Alabama · 1899
- Brinsfield v. AustinSupreme Court of Alabama · 1863
- Carter Bros. & Co. v. Ellis, Thomas & HillSupreme Court of Alabama · 1890