Henderson v. Sublett
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. MOTION to set- aside the sale of lands, made under execution by Sublett, as sheriff of Benton county. The plaintiffs in the motion were Meredith P. Henderson, in right of his wife Elizabeth A., formerly Elizabeth A. Lindsay, and Flora E. Lindsay and Wm.
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Error to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. MOTION to set- aside the sale of lands, made under execution by Sublett, as sheriff of Benton county. The plaintiffs in the motion were Meredith P. Henderson, in right of his wife Elizabeth A., formerly Elizabeth A. Lindsay, and Flora E. Lindsay and Wm. W. Lindsay, minors, by said Henderson as their next friend; and the defendants were the sheriff, the purchaser and the plaintiffs in the several executions. The executions under which the land was sold were all against John ‘Lindsay, in favor of the defendants…
1Opinion of the CourtLigon, J.
— 'Two questions present themselves in this case: 1st. Was tbe conduct of tbe sheriff in tbe levy and sale, under tbe executions in his bands, of such a character as to authorize tbe Circuit Court to set aside tbe sale, and vacate and annul tbe deed made to tbe purchaser ? 2d. Have the plaintiffs in this motion such an interest in tbe lands sold, as to entitle them to come in and make tbe motion ?
1. On tbe first question I would remark, that it has already been decided by this court, in tbe case of Lee v. Davis et al., 16 Ala. 516, and we concur fully in what is there said upon tbe subject.…
2Cases cited2 opinions
- Lee v. DavisSupreme Court of Alabama · 1849
- Nuckols v. MahoneSupreme Court of Alabama · 1849
3Cited by18 opinions
- In Re KrohnArizona Supreme Court · 2002
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Martin v. JonesSupreme Court of Alabama · 1958
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
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