Walker, Mead & Co. v. Ball
Supreme Court of Alabama
Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Claes. The bill in this case was filed by the appellants, on the 8th November, 1880, and sought a redemption of certain lands, which had been sold under execution against Bobert P. McEwen, and purchased at the sheriff’s sale by one Christian, who afterwards conveyed them to James H. Ball; and said Ball was the sole defendant to the bill.
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Appeal from the Chancery Court at Tuskaloosa. Heard before the Hon. James B. Claes. The bill in this case was filed by the appellants, on the 8th November, 1880, and sought a redemption of certain lands, which had been sold under execution against Bobert P. McEwen, and purchased at the sheriff’s sale by one Christian, who afterwards conveyed them to James H. Ball; and said Ball was the sole defendant to the bill. The material facts of the case, so far as they are necessary to a correct understanding of the legal principles involved, are stated in the opinion of the court. On final hearing, on…
1Opinion of the CourtA. J. Walker, C. J.
The bill in this case was filed by a creditor of McEwen, to redeem land which had been sold *299under execution. It alleges, that the land was purchased at sheriff’s sale by one Christian, and that he executed a deed conveying the land to the defendant Ball, who, it seems, had, as a creditor, redeemed from the purchaser at execution sale. The complainant, within two years from the sale, tendered to Ball the amount “ he had to pay to obtain the land, with ten per cent, per annum, thereon, and offered to credit the debtor with an amount equal to ten per cent, upon the sum originally bid for the…
2Cases cited4 opinions
- Thompson v. StateSupreme Court of Alabama · 1852
- Huffman v. StateSupreme Court of Alabama · 1856
- Brooks v. Mobile School CommissionersSupreme Court of Alabama · 1857
- Moore v. GoreSupreme Court of Alabama · 1860
3Cited by6 opinions
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Parmer v. ParmerSupreme Court of Alabama · 1883
- First National Bank v. ElliottSupreme Court of Alabama · 1899
- Johns v. AnchorsSupreme Court of Alabama · 1907
- Jones v. KellySupreme Court of Alabama · 1919
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