McCaskell v. Lee
Supreme Court of Alabama
APPEAL from the Oirouit Court of Coffee. Tried before the Hon. JOHN C-ILL SHORTER. Tux appellant in this case made a motion, at the April term, 1861, of the circuit court of said county, to s~t aside a sale of certain lands.
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APPEAL from the Oirouit Court of Coffee. Tried before the Hon. JOHN C-ILL SHORTER. Tux appellant in this case made a motion, at the April term, 1861, of the circuit court of said county, to s~t aside a sale of certain lands. The sale was made by the sheriff, under a venclitioni exponas from the circuit court, on the first Monday in January, 1857; several executions from a justice's court having been levied on the land by a constable, as the property of one John Barnes, and the proceedings having been thereupon returned into the circuit court by the justice. Charles S. Lee, who was one of the…
1Opinion of the CourtR. W. Walker, J.
The time within which a motion to set aside a sale of land under execution must be made, has not been, and perhaps cannot be, definitely settled. The proceeding is of an equitable nature, to be determined upon equitable principles, not always regulated by fixed rules; and we are not disposed to reverse the decision of the circuit judge, upon the question of laches involved in such a case, unless thoroughly convinced that he has erred. In the present case, the motion was not made until over four years after the execution sale, and more than eighteen months after the purchaser at that sale had…
2Cases cited1 opinion
- McCollum v. HubbertSupreme Court of Alabama · 1848
3Cited by14 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Clark v. SpencerSupreme Court of Alabama · 1883
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
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