Belsher v. Russell

The main question involved in this appeal is whether or not the order or decree of 1874 of the probate court of Choctaw county, Ala., reciting a sale of the land by the administrator, the report of the same, and the payment of the purchase money, and directing the administrator to make a deed to the purchaser, operated, in and of itself, in the absence of a deed, as col- or of title.

While, under the statute as it existed in 1874, the execution of a deed was essential to vest the legal title in the purchaser (Comer v. Hart, 79 Ala. 389), yet the order gave the purchaser a complete equitable…