Jones v. Spear
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Motion by J. T. Jones to set aside execution sale of lands subsequently purchased by T. J. Spear. From a decree denying the motion, movant appeals.
Read the full summary
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Motion by J. T. Jones to set aside execution sale of lands subsequently purchased by T. J. Spear. From a decree denying the motion, movant appeals. Motion by appellant to have set aside the sale of his lands upon the grounds of. inadequacy of price, irregularity in sale, etc., which lands were sold under execution, issued out of the Andalusia city court of law and equity on a judgment rendered against him in said court in favor of Wilder and Head. From the judgment denying the motion this appeal is prosecuted, with bill of…
1Opinion of the CourtGardner, J.
“Courts of law and equity alike possess a species'of equitable jurisdic tion, which is inherent in them, and by which they assume to prevent the abuse of their process, and so to control it as to secure the ends of justice and fair dealing. And it is on the basis of this universally recognized principle that courts exercise the power of setting aside sales under execution, issued on judgments rendered by themselves. * * * But the party aggrieved, in such cases, is required to prosecute his motion within a seasonable time, which is determined by the facts of each particular case, and he must,…
2Cases cited8 opinions
- Lewis Land & Lumber Co. v. Interstate L. Co.Supreme Court of Alabama · 1909
- Jones v. WhiteSupreme Court of Alabama · 1914
- Ponder v. CheevesSupreme Court of Alabama · 1890
- Evansville, Paducah & Tennessee River Packet Co. v. SlaterSupreme Court of Alabama · 1893
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Gipson v. HicksSupreme Court of Alabama · 1943
- Melton v. MeltonSupreme Court of Alabama · 1972
- Hines v. BaldwinSupreme Court of Alabama · 1924
- Washington v. YoungSupreme Court of Alabama · 1931
1 more not listed; retrieve them via the Exa API.