Richardson v. Dunn
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Poster. The bill in this case was filed on the 29th September, 1885, by Mark W. Dunn, against William E. Richardson ; and sought to redeem certain lots of land in Mobile, which had been sold under .execution against the complainant, and purchased by the defendant.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Poster. The bill in this case was filed on the 29th September, 1885, by Mark W. Dunn, against William E. Richardson ; and sought to redeem certain lots of land in Mobile, which had been sold under .execution against the complainant, and purchased by the defendant. The sale was made on the first Monday in January, 1885, under a judgment for $131.21, besides costs, in favor of Bernard Moog, the defendant becoming the purchaser, at the price of $165, and receiving the sheriffs deed. The lands sold consisted of four lots…
1Opinion of the CourtSomeryille, J.
If we admit the principle, that where the lands of a judgment debtor have been sold under execution, and he tiles a bill to redeem under the provisions of the statute, the bill is wanting in equity, where it shows that he has continued in the actual possession of the lands, without offering to surrender such possession to the purchaser within ten days after the sale, unless by consent of-such purchaser; this can not be the rule, where the lands are shown to be in the possession of a tenant. The statute expressly provides for a case like this, in the following language. After declaring that…
2Cases cited2 opinions
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- Vincent v. StateSupreme Court of Alabama · 1883
3Cited by10 opinions
- Wilkes v. HoodSupreme Court of Alabama · 1939
- Long v. KingSupreme Court of Alabama · 1936
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
- Lord v. BlueSupreme Court of Alabama · 1917
- Davis v. PouSupreme Court of Alabama · 1895
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