Francis v. Sheats
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. C. Sheats against W. It. Francis. From a decree for complainant, respondent appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. C. Sheats against W. It. Francis. From a decree for complainant, respondent appeals. The executions against Sheets and the sale thereunder were not void. — Griffin v. Daughpin, 31 South. 849; Albritton v. Williams, 32 South. 636; Marks v. Woods, 31 South. 978. The rule in dealing with costs in the chancery courts is different from that of the circuit court, and has always been largely in the discretion and under the control of the chancellor. — Gra,y v. Gray, 15 Ala. 771; Faulkner v. Campbell, 74 Ala! 357; 80 Ala.…
1Opinion of the CourtMcCLELLAN, J.
— Assuming that some of the executions under which it is insisted appellant Francis, as purchaser at the sale, acquired the equity of redemption of Sheats in certain real estate, were valid, and another void, it cannot he held, with reference to this consideration only, that the sale was invalid and that no rights, passed to the purchaser thereat. The sale was had under four executions; but it by no means resulted that the sale was such an entirety as that the voidness of one of the executions invalidated the sale. The rule is well declared in DeLoaoh v. Robbins, 102 Ala. 296, whether dictum…
2Cases cited8 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Grigg v. BanksSupreme Court of Alabama · 1877
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
- Anniston Pipe Works v. WilliamsSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hayden v. SmithSupreme Court of Alabama · 1927
- Allison v. CodySupreme Court of Alabama · 1921
- Upchurch v. WestSupreme Court of Alabama · 1937
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Stewart Bros. v. RansomSupreme Court of Alabama · 1920
7 more not listed; retrieve them via the Exa API.