Spoor v. Phillips
Supreme Court of Alabama
Appeal from tlie Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by Charles Spoor, as a judgment creditor of one Lewis J. Davis, against the heirs-at-law and administrator of John Phillips, deceased, to redeem a tract of land, lying in Macon county, which had been sold under execution at law against said Davis, and purchased by said Phillips.
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Appeal from tlie Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by Charles Spoor, as a judgment creditor of one Lewis J. Davis, against the heirs-at-law and administrator of John Phillips, deceased, to redeem a tract of land, lying in Macon county, which had been sold under execution at law against said Davis, and purchased by said Phillips. The bill was filed in August, 1852, and alleged that the said sale was made on the 7th July, 1851 ; that the sheriff thereupon executed a deed to said purchaser, who immediately entered into the possession of said land,…
1Opinion of the CourtBice, J.
No decree can be rendered which is not founded on an allegation in the bill, notwithstanding there may be ample testimony to justify it. — Sandford v. Ochtalomi, 23 Ala. 669; Lockard v. Lockard, 16 ib. 423.
There are no allegations in the bill in the present case, which would authorize the court to render a decree for rents and profits, or even to consider them for any purpose, except merely “ by way of offset to the improvements made.”
*197The purchaser of land of a judgment debtor, at a sale under execution, on receiving the sheriff’s deed, becomes the abso: lute owner, and, entering into…
2Cases cited3 opinions
- Paulling v. MeadeSupreme Court of Alabama · 1853
- Freeman v. JordanSupreme Court of Alabama · 1850
- Sandford v. OchtalomiSupreme Court of Alabama · 1853
3Cited by34 opinions
- Childress v. MonetteSupreme Court of Alabama · 1875
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
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