Robinson v. Garth
Supreme Court of Alabama
Error to the Circuit Court of Morgan. The action was brought by the plaintiff in error, as sheriff of Madison, to recover from the defendant in error the difference between the sum bid by him for several tracts of land, sold under execution, and the price for which they were subsequently sold on his refusing to complete the purchase.
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Error to the Circuit Court of Morgan. The action was brought by the plaintiff in error, as sheriff of Madison, to recover from the defendant in error the difference between the sum bid by him for several tracts of land, sold under execution, and the price for which they were subsequently sold on his refusing to complete the purchase. Upon the trial, the plaintiff proved that, as sheriff of Madison county, he exposed to sale six parcels of land, as the property of John Blevins, under and by virtue of executions against him, having duly advertised the sale. That at the sale, the defendant bid…
1Opinion of the CourtOrmond, J.
The question, whether sales of land, by the sheriff under execution, are within the statute of frauds, is one of great moment, and of some difficulty. The publicity of these sales may remove some of the dangers from perjury to which private sales of land might be subject; but this is an argument *208which would apply with almost equal force to ordinary sales of land by auction, which are confessedly within the statute. There would be some more plausibility in the argument, if the sale by the sheriff, ipso facto, divested the title to the land out of the defendant .in execution, and vested it in…
2Cases cited3 opinions
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Blann v. BealSupreme Court of Alabama · 1843
- School Commissioners v. AikinSupreme Court of Alabama · 1837
3Cited by18 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Pollard v. CockeSupreme Court of Alabama · 1851
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- White v. FarleySupreme Court of Alabama · 1886
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