McCollum v. Hubbert
Supreme Court of Alabama
Error from the Circuit Court of Fayette County. This was an application upon the motion of the plaintiff in error, to set aside a sale made of a tract of land, the property of the plaintiff, by one R. H. Poe, then sheriff of Fayette county, and which had been purchased, as was alledged, by defendants, Hubbert and Caple.
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Error from the Circuit Court of Fayette County. This was an application upon the motion of the plaintiff in error, to set aside a sale made of a tract of land, the property of the plaintiff, by one R. H. Poe, then sheriff of Fayette county, and which had been purchased, as was alledged, by defendants, Hubbert and Caple. A rule was granted by the circuit court, directed to' said defendants, requiring them to show cause why the sale should not be set aside, and the execution under which it was made, and the levy thereon quashed. Upon the trial, in the court, the parties having responded to the…
1Opinion of the CourtChilton, J.
In Mobile Cotton Press Co. v. Moore and McGehee, 9 Porter’s Rep. 692, this court determined, that a party injured by the improper execution of a fieri facias, may obtain redress on a motion to the court from which the process issued. 2. That a sale of real estate will be set aside, when the sheriff is guilty of a mistake, irregularity or fraud, to the prejudice of either party or a third person, and that the misrepresentation, or fraud of a purchaser furnishes ground for invalidating the sale.
The particular time within which the party injured may invoke the action of the court to set aside a…
2Cases cited2 opinions
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Hubbert v. McCollumSupreme Court of Alabama · 1844
3Cited by7 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Ponder v. CheevesSupreme Court of Alabama · 1890
- McCaskell v. LeeSupreme Court of Alabama · 1863
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