Lockett v. Hurt
Supreme Court of Alabama
Appeal from Perry Chancery Court. Heard before Hon. Chas. Turner. The appellant, Lockett, as administrator de bonis non of one Nave, deceased, filed this bill against Hurt, who had purchased the intestate’s lands at sheriff sale had after his death on executions issued in his life time, and Torbet, the former administrator in chief,' who had been removed, praying the court to compel Hurt to allow complainant to redeem, if the sheriff’s sale was valid, and also to have the…
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Appeal from Perry Chancery Court. Heard before Hon. Chas. Turner. The appellant, Lockett, as administrator de bonis non of one Nave, deceased, filed this bill against Hurt, who had purchased the intestate’s lands at sheriff sale had after his death on executions issued in his life time, and Torbet, the former administrator in chief,' who had been removed, praying the court to compel Hurt to allow complainant to redeem, if the sheriff’s sale was valid, and also to have the sale set aside, on the ground of fraud', irregularity and illegality. The original bill charges that Torbet, who was…
1Opinion of the CourtBrickell, C. J.
The power of a court of law to vacate a sale of land, made under its process, because of irregularity, or illegality, or fraud, injurious to the parties, or to their privies in estate, or in interest, has been frequently recognized and affirmed by. the decisions of this court. Mobile Cotton Press v. Moore, 9 Port. 679; Lee v. Davis, 16 Ala. 576; Abercrombie v. Conner, 10 Ala. 393; McCaskill v. Lee, 39 Ala. 131; Henderson v. Sublett, 21 Ala. 626; Lank-ford v. Jackson, ib. 250. If the sale is impeached because of irregularities merely, the jurisdiction of the court of law to vacate it, is…
2Cases cited8 opinions
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Henderson v. SublettSupreme Court of Alabama · 1852
- McCaskell v. LeeSupreme Court of Alabama · 1863
- Scruggs v. Driver's ExecutorsSupreme Court of Alabama · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
11 more not listed; retrieve them via the Exa API.