Simmons v. Sharpe
Supreme Court of Alabama
Aitioal from the Circuit Court of Marengo. Tried before the 1-Ion. John C. Anderson. The proceedings in this case were had upon a motion filed by the appellant, R. L. Simmons, to set aside and vacate a sale made by the sheriff of certain lands as the property of the movant, under the levy of an execution issued upon a judgment recovered against the defendant in a suit brought by the partnership of which the appellee was a member.
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Aitioal from the Circuit Court of Marengo. Tried before the 1-Ion. John C. Anderson. The proceedings in this case were had upon a motion filed by the appellant, R. L. Simmons, to set aside and vacate a sale made by the sheriff of certain lands as the property of the movant, under the levy of an execution issued upon a judgment recovered against the defendant in a suit brought by the partnership of which the appellee was a member. There were five grounds of the motion, as follows: 1. The inadequacy of the price bid by the respondent. 2. That the return of the sheriff failed to show that all…
1Opinion of the CourtTyson, J.
The appeal is prosecuted from an order denying a motion to vacate a sale under execution of certain lands belonging to the defendant in execution had on the 9th day of" March, 1903, and purchased by *454one of the plaintiffs in execution. The motion contains a number of grounds. But the only one that we regard as meritorious is that the price bid was inadequate.
The trial was bad upon affidavits and written documents. It appears that an execution was issued upon the judgment on the 17th day of May, 1902, and levied upon these lands. That they were sold en masse on the 3d day of November, and bid…
2Cases cited2 opinions
- Henderson v. SublettSupreme Court of Alabama · 1852
- Flack v. AndrewsSupreme Court of Alabama · 1888
3Cited by8 opinions
- Burgin v. SuggSupreme Court of Alabama · 1923
- Danforth v. BurchfieldSupreme Court of Alabama · 1918
- Schloss & Kahn v. BrightmanSupreme Court of Alabama · 1915
- Shuttleworth & Co. v. Marx & Co.Supreme Court of Alabama · 1909
- Compton v. SharpeSupreme Court of Alabama · 1911
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