Trimble v. Williamson
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 2d December, 1869, by R. M. Williamson, against Benjamin Trimble, and sought a redemption, under the statute, of certain lands which had been sold under execution against Thomas J. and Thweat E. Mitchell, and purchased at said sale by said Trimble.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 2d December, 1869, by R. M. Williamson, against Benjamin Trimble, and sought a redemption, under the statute, of certain lands which had been sold under execution against Thomas J. and Thweat E. Mitchell, and purchased at said sale by said Trimble. The sale under execution was made on the 2d day of December, 1867, and the price paid by the purchaser was one hundred and forty dollars. The complainant asserted the right to redeem, as the assignee and owner of certain…
1Opinion of the CourtBrickell, J.
— The statutes of this State authorize the redemption of real estate which has been sold under execution at law, or under a decree of a court of equity, or under a deed of trust, or power of sale in a mortgage. R. C. § 2509. The right of redemption is secured to the debtor whose land is sold, and to bis judgment creditors. It is not extended to creditors generally, but only to judgment creditors, whose judgments would, but for the sale, opérate a lien on the land; Thomason v. Scales, 12 Ala. 309; Freeman v. Jordan, 17 Ala. 500. The statutes create a broad distinction between the right of the…
2Cases cited5 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Thomason v. ScalesSupreme Court of Alabama · 1847
- Paulling v. MeadeSupreme Court of Alabama · 1853
- Freeman v. JordanSupreme Court of Alabama · 1850
- Roden v. JacoSupreme Court of Alabama · 1850
3Cited by7 opinions
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Beatty v. BrownSupreme Court of Alabama · 1893
- Bailey, Davis & Co. v. TimberlakeSupreme Court of Alabama · 1883
- Beebe v. BuxtonSupreme Court of Alabama · 1892
- Gardner v. BlackSupreme Court of Alabama · 1893
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