Harduval v. Merchants' & Mechanics' Trust & Savings Bank
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. John Harduval and Peter Goulas offered to purchase certain leasehold and other interests of the defunct Merchants’ & Mechanics’ Trust & Savings Bank, then being administered by receivers, and from an order of the' court overruling tbe report of the register and refusing to confirm their bid, they appeal. The appellants were parties to a judicial sale. Sections 5511 and 5512, Code 1907; 35 Ala. 503, 76 Am.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. John Harduval and Peter Goulas offered to purchase certain leasehold and other interests of the defunct Merchants’ & Mechanics’ Trust & Savings Bank, then being administered by receivers, and from an order of the' court overruling tbe report of the register and refusing to confirm their bid, they appeal. The appellants were parties to a judicial sale. Sections 5511 and 5512, Code 1907; 35 Ala. 503, 76 Am. Dec. 297; 101 Ala. 15, 13 South. 343; 97 Ala. 393, 12 South. 69; 63 Ala. 383; 64 Iowa, 91, 19 N. W. 850; 67 Vt. 514, 32…
1Opinion of the CourtSomerville, J.
[1, 2] A purchaser at a judicial sale, that is, one whose offer to purchase is accepted by the officer authorized to make the sale, subject to confirmation by • the court in due course, acquires vested rights which are entitled to protection. Thenceforward he is a quasi party to the proceeding, is bound by the decree of confirmation or rejection, and subject to the orders of the court with respect thereto. 16 R. C. L. 113, § 81; Haralson v. George, 56 Ala. 295. He may, of course, appeal from any final order or decree injuriously affecting his right as purchaser. Glennon v. Mitteniglit, 86…
2Cases cited6 opinions
- Blossom v. The Milwaukee, &C., Railroad CompanySupreme Court of the United States · 1864
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Helena Coal Co. v. SibleySupreme Court of Alabama · 1902
- Haralson v. George'sSupreme Court of Alabama · 1876
- Glennon v. MittenightSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
- Pfingstl v. SolomonSupreme Court of Alabama · 1940
- Spence v. SpenceSupreme Court of Alabama · 1940
- Savings Trust Co. of St. Louis v. SkainSupreme Court of Missouri · 1939
- Hayes v. BettsSupreme Court of Alabama · 1933
13 more not listed; retrieve them via the Exa API.