Phillips v. Benson
Supreme Court of Alabama
Appeal from tbe Chancery Court of Elmore. Heard before tbe Hon. S. K. McSpadden. The bill in this case was filed by Mrs. Sarah A. Phillips, individually and as executrix of the last will and testament of her deceased husband, James D. Phillips, against John Benson, Samuel G. Adams, and L. E. Parsons, jr.; and sought to set aside a sale of a tract of land by the register, and a conveyance executed by him to said Benson as the purchaser.
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Appeal from tbe Chancery Court of Elmore. Heard before tbe Hon. S. K. McSpadden. The bill in this case was filed by Mrs. Sarah A. Phillips, individually and as executrix of the last will and testament of her deceased husband, James D. Phillips, against John Benson, Samuel G. Adams, and L. E. Parsons, jr.; and sought to set aside a sale of a tract of land by the register, and a conveyance executed by him to said Benson as the purchaser. The sale was made on the first Monday in August, 1884, under a' decree rendered on the 10th April, 1884, in a'cause then pending in said court, wherein said…
1Opinion of the CourtSomeryille, J.
— The necessary inference to be drawn from the facts stated in the bill is, that the sale, which is sought to be impeached in this suit, was never confirmed by the chancellor. If this be true, as we must assume in passing on the demurrer to the bill, the remedy of the complainant was not by original bill, but by entering objection in the Chancery Court to the confirmation of the sale, or, what is its equivalent, by motion to set it aside. Until confirmation of a sale made by a register, under the direction of the Chancery Court, such sale is not complete, but the whole question of confirming…
2Cases cited8 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
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3Cited by7 opinions
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- Bergin v. HaightCalifornia Supreme Court · 1893
- Miller v. HenrySupreme Court of Arkansas · 1912
- Vaughn v. BrueSupreme Court of Alabama · 1943
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