Harsh v. Wald
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge; Action to quiet title by G. R. Harsli against Edward Wald. Decree for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge; Action to quiet title by G. R. Harsli against Edward Wald. Decree for defendant, and plaintiff appeals. The filing of a bill to set aside the judgment, is no grounds to set aside a sale, and the fact that a judgment is liable to reversal on error, does not invalidate an execution sale thereunder, made while the judgment is still in force. 17 Cyc. 1274. A bona fide purchaser from a purchaser at a judicial sale is not affected by irregularities, etc., of which he has no notice. 24 Cyc. 67; 60 W. Va. 106, 54 S. E. 47, 10 L.…
1Opinion of the CourtMiller, J.
This cause was commenced by G. R. Harsh against Edward Wald oil the Sth of August, 1917, to quiet title to the following land in Jefferson county, Ala., to wit: W. y2 of N, W. %, S. E. % of N. W. %, and S. W. % of N. E. y. of section 10, township 15, range 3 west, containing 160 acres, more or less. The defendant, Edward Wald, flies answer and cross-bill, denying Harsh’s possession, and title, and claiming title to and possession, of this land, and specifying his title. Sections 5443 and 5444 of the Code of 1907. The cause was tried by the court without a jury. Section 5446, Code "of 1907.
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2Cases cited7 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Stein v. McGrathSupreme Court of Alabama · 1900
- Peevey v. CabanissSupreme Court of Alabama · 1881
- Greenwood v. WarrenSupreme Court of Alabama · 1897
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