Legal Opinion

White-Diamond v. Hightower & Co.

Supreme Court of Georgia

Decided March 28, 1906Published

Equitable petition. Before Judge Sheffield. Early superior court. April term, 1905. Mrs. White-Diamond brought an equitable petition against Hightowér & Co., Willie Wiley, and Hodges, sheriff, and alleged, that an execution was issued against her for the sum of $47, besides interest, costs, and attorney’s fees, in which Hightower & Co. were plaintiffs.

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Equitable petition. Before Judge Sheffield. Early superior court. April term, 1905. Mrs. White-Diamond brought an equitable petition against Hightowér & Co., Willie Wiley, and Hodges, sheriff, and alleged, that an execution was issued against her for the sum of $47, besides interest, costs, and attorney’s fees, in which Hightower & Co. were plaintiffs. The execution was levied by Strong, a deputy sheriff, upon a tract of land owned by the petitioner, worth $3,000, which was sold by Hodges, the sheriff, for $1,275, to Willie Wiley. On the day previous to the sale, the petitioner made an…

1Opinion of the CourtCobb, P. J.

(After stating the foregoing facts.) In a proceeding to set aside a sheriff’s sale, as a general rule, it is proper to make parties all persons interested in the sale. “Notice of a motion to set aside a sheriff’s sale should be given to all parties in interest.” 20 Enc. Pl. & Pr. 239. But in a case like the one under consideration, the plaintiff in execution is not a necessary party. In Stainton’s adm’r v. Simmons, 24 Ala. 410, it was said: “There was no necessity to make the plaintiffs in the execution under which the officer pretended to sell the property, parties to the motion to set aside…

2Cases cited2 opinions

  1. Beach v. DennisSupreme Court of Alabama · 1872
  2. Stainton's Adm'rs v. SimmonsSupreme Court of Alabama · 1854

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