Fite v. Wood

The questions for decision are (1) whether the rule of res adjudicata is applicable in this case, and if not, *310(2) whether “a judgment creditor can redeem land sold under judgment execution after the judgment debtor’s statutory right of redemption has been exercised by” the judgment debtor’s assignee.

Herman Rhodes obtained in Chancery a money judgment against Grady Jennings. An execution issued' and was levied by the sheriff on the undivided interest of judgment debtor Jennings in certain land. At the sale under this levy judgment creditor Rhodes became the purchaser at a sum in excess of his…