Bondurant v. Sibley's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Claric. This bill was filed by the appellant, to redeem his interest in certain lands, which had been sold under execution against him, and purchased by Charles Sibley, whose heirs-at-law and personal representative were made defendants to the bill. The material facts are stated in the opinion of the court.
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Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Claric. This bill was filed by the appellant, to redeem his interest in certain lands, which had been sold under execution against him, and purchased by Charles Sibley, whose heirs-at-law and personal representative were made defendants to the bill. The material facts are stated in the opinion of the court. On final hearing, the chancellor held the allegations of the bill defective, and therefore dismissed it; and his decree is now assigned as error. cited Daniell's Chancery Practice, vol. 1, p. 421 ; Story’s Eq.…
1Opinion of the CourtRice, C. J.
The bill was dismissed by the chancellor, upon the objection, that it did not allege that the debtor had delivered possession to the purchaser at the execution sale, without suit. Upon that subject, the allegations of the bill are in the following words : “Your orator further showeth unto your Honor, that at said sale of said lands, Charles Sibley, well knowing, as was the fact, that the same were sold as the property of your orator, became the purchaser thereof, at and for the price and sum of about nine hundred dollars; that said Sibley, immediately thereafter, with the consent of your…
2Cases cited8 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Spoor v. PhillipsSupreme Court of Alabama · 1855
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- Boykin v. RainSupreme Court of Alabama · 1856
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