Fabel v. Boykin
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This was a motion to set aside a sheriff’s sale of lands under execution. Tbe judgment on wbicb tbe execution was issued, was rendered on tbe 26tb June, 1868, in favor of Erank Boy-kin, against Jacob Eabel and Jonathan E. Price.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This was a motion to set aside a sheriff’s sale of lands under execution. Tbe judgment on wbicb tbe execution was issued, was rendered on tbe 26tb June, 1868, in favor of Erank Boy-kin, against Jacob Eabel and Jonathan E. Price. Tbe sale under execution was made on tbe 4tk October, 1869, tbe plaintiff in the judgment becoming bimself the purchaser, by bis attorney, at tbe price of $135. Tbe motion to set aside tbe sale was made by tbe defendant in execution, at tbe December term of said court, 1873. Tbe grounds…
1Opinion of the Court
MANNING, J. —
This was a motion in tbe court below, to set aside and vacate a sheriff’s sale of valuable real estate in tbe city of Montgomery, to appellee, Boykin, as tbe property of Fabel. Two reasons why tbe motion should be granted are insisted on. Tbe first is, that of tbe two defendants against whom Boykin obtained tbe judgment, for tbe satisfaction of which this realty was sold, one of them, Price, was dead before tbe judgment was rendered. This would make tbe judgment void against him, but not against Fabel. If a motion bad been made to vacate it, as against Price, this would have been…
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