Francis v. White
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hdn. W.'H. Simpson. Bill by R. B. White as administrator of the estate of C. C. Sheets, against W. R. Francis, and others, to redeem lands of his decedent, sold at judicial sale. From a judgment for complainant respondents appeal.
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Appeal from Morgan Chancery Court. Heard before Hdn. W.'H. Simpson. Bill by R. B. White as administrator of the estate of C. C. Sheets, against W. R. Francis, and others, to redeem lands of his decedent, sold at judicial sale. From a judgment for complainant respondents appeal. The redemption must be entire. — Lehman-Durr & Co. v. Moore, 93 Ala. 189; Harden v. Collins, 138 Ala. 404; Richardson v. Dunn, 79 Ala. 170; Secs. 5746, et seq., Code 1907. The court erred in holding plea 4 insufficient. — Town of New Decatur v. Bcha/rfenlmrg, 41 South. 1027; Francis v. White, 39 South. 176. Taking the…
1Opinion of the CourtMayfield, J.
By the bill the complainant seeks to exercise the statutory right of redemption under chapter 133 of the Gode of 1907 (section 5746 et seq.). The property involved consists of town lots and unplatted property in or. near the town of Decatur, all of which was sold under execution against G. C. Sheats, the intestate of B. B. White, the redemptioner, and was purchased at execution sale by W. B. Francis, who has since conveyed parts thereof to the other respondents. The *526whole was sold together, and the bill seeks to redeem the whole.
Redemption cannot be effected by piecemeal. It must be of the…
2Cases cited9 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Francis v. WhiteSupreme Court of Alabama · 1904
- Prichard v. SweeneySupreme Court of Alabama · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Slaughter v. WebbSupreme Court of Alabama · 1921
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
29 more not listed; retrieve them via the Exa API.