Washington v. Young

Our case of Ray’s Adm’rs v. Womble, 56 Ala. 32, with respect to the jurisdiction of the chancery court to cancel a deed made by a sheriff on execution from the circuit court, affirmed a rule in the early history of our state as follows: “Inadequacy of price, not sufficient to create the presumption of fraud, will not vitiate a judicial sale, as it would not a private sale between individuals, of which mutual agreement is the controlling element.” Lockett v. Hurt, 57 Ala. 198; Cowan v. Sapp, 74 Ala. 44; Gardner v. M. & N. W. R. R. Co., 102 Ala. 635, 15 So. 271, 48 Am. St. Rep. 84.

Though no…