O'Bryan Bros. v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Denson. O’Bryan Brothers recovered a judgment against J. M. Davis in the circuit court of Bibb county, on May 24, 1892. Execution was issued upon said judgment, and levied upon certain property of the defendant, which was afterwards sold by the sheriff of said county.
Read the full summary
Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Denson. O’Bryan Brothers recovered a judgment against J. M. Davis in the circuit court of Bibb county, on May 24, 1892. Execution was issued upon said judgment, and levied upon certain property of the defendant, which was afterwards sold by the sheriff of said county. Thereupon the defendant, J. M. Davis, moved the court to set aside and vacate the said sale made by the sheriff, upon certain grounds, which are sufficiently stated in the opinion. Upon the submission of this motion, upon the' evidence, the court rendered…
1Opinion of the CourtHead, J.
We will dispose of this case upon the assumption that the circuit court may have properly entertained a motion to set aside a sheriff’s sale of personal property, as the parties have not raised that question.
This appeal is from the order of the circuit court granting amotion to set aside a sheriff’s sale of a stock of goods under execution in favor of O’Bryan Bros, against J. M. Davis; the plaintiffs in the action being the purchasers. The grounds of the motion, as set forth in the writing filed, are, (1) that the sale was “illegal and oppressive and caused the said goods to be sold for about…
2Cases cited3 opinions
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Ware v. BradfordSupreme Court of Alabama · 1841
- Foster v. MabeSupreme Court of Alabama · 1842
3Cited by5 opinions
- Empire Realty Co. v. HartonSupreme Court of Alabama · 1911
- Evans v. WilhiteSupreme Court of Alabama · 1912
- Sterling v. ColvardSupreme Court of Alabama · 1969
- Jones v. SpearSupreme Court of Alabama · 1920
- Albright v. MeredithOhio Supreme Court · 1898