Draine v. Smelser & Henderson
Supreme Court of Alabama
Error to the County Court of Morgan. Before the Hon. William H. Campbell. This was a motion by defendants in error, to set aside a sale of land.
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Error to the County Court of Morgan. Before the Hon. William H. Campbell. This was a motion by defendants in error, to set aside a sale of land. The Branch Bank at Decatur, on the 21st of February, 1839, obtained three judgments in the County Court of Morgan; one numbered 1031, for $204 90, besides costs, against Smelser, Alexander and Henderson : another, numbered 1038, against Isbell, Boyce and Smelser, for about $160, besides costs ; and the other, numbered 1785, against Smelser and Alexander, for $463 debt, and $113 20 damages. Executions from term to term, issued on said judgments, and…
1Opinion of the CourtDargan, J.
A court of law is fully competent to control the acts of their officers, and to set aside sales made by *429them, by virtue of legal process, when there has been fraud in the sale, or the officer guilty of such irregularity, as is oppressive, and injurious to the rights of either plaintiff or defendant. 9 Porter, 682, and the cases there cited. But whether the court will interfere to set aside a sale, must always depend on the facts of each particular case, and the party moving to have it set aside, must show either fraud, or such irregularity in conducting the sale, together with injury to the…
2Cited by3 opinions
- Dewey v. LinscottSupreme Court of Kansas · 1878
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1880
- Hopton v. SwanMississippi Supreme Court · 1874