White-Diamond v. Hightower & Co.
Supreme Court of Georgia
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
- Beach v. DennisSupreme Court of Alabama · 1872
- Stainton's Adm'rs v. SimmonsSupreme Court of Alabama · 1854