Sandford v. Ochtalomi
Supreme Court of Alabama
Error to the Chancery Court of Barbour. The record does not show the name of the Chancellor who presided. David Ochtalomi filed his bill for the redemption of his interest in a certain lot of land situated in the town of Glenn-ville, which had been sold under execution by the sheriff of Barbour on a judgment at law against complainant.
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Error to the Chancery Court of Barbour. The record does not show the name of the Chancellor who presided. David Ochtalomi filed his bill for the redemption of his interest in a certain lot of land situated in the town of Glenn-ville, which had been sold under execution by the sheriff of Barbour on a judgment at law against complainant. The bill alleges that the land was purchased at the sale by Thomas Flournoy, for the sum of $40, and was afterwards by him sold and conveyed to the defendant, Adolphus M. Sandford; that complainant, being desirous of redeeming said land, tendered to said…
1Opinion of the CourtLigon, J.
The decree in this case cannot be sustained for two reasons : first, because the allegations of the bill are not sufficient to entitle the complainant to the relief he seeks; and, second, because the relief granted by the decree extends beyond that which the allegations of the hill will justify.
1. By the first proviso to the fifth section of the act “to prevent the sacrifice of real estate,” (Clay’s Dig. 503 § 5,) it is enacted, “that the defendant in execution, if in possession at the time of the sale, shall deliver possession to the purchaser without suit.” To entitle the defendant in…
2Cases cited3 opinions
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Bozman v. DraughanSupreme Court of Alabama · 1830
- Borland v. PhillipsSupreme Court of Alabama · 1842
3Cited by8 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Stocks v. YoungSupreme Court of Alabama · 1880
- Connecticut General Life Ins. v. WeldonDistrict Court, M.D. Alabama · 1917
- Henderson v. HambrickSupreme Court of Alabama · 1900
- Searcey v. OatesSupreme Court of Alabama · 1880
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