Legal Opinion

Moore v. Gore

Supreme Court of Alabama

Decided January 15, 1860PublishedCited by 4 opinions

Appeal from the Chancery Court of Pickens. Heard before the Hon. James. B. Clark. The bill in-this case was filed by the appellants, as judgment creditors of one James T. Burdine, to redeem certain lands which had been sold under sundry executions against said Burdine, and which had been purchased at the sale by. Ellis Q-ore, A. L. Neal, and others, who were made defendants to the bill.

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Appeal from the Chancery Court of Pickens. Heard before the Hon. James. B. Clark. The bill in-this case was filed by the appellants, as judgment creditors of one James T. Burdine, to redeem certain lands which had been sold under sundry executions against said Burdine, and which had been purchased at the sale by. Ellis Q-ore, A. L. Neal, and others, who were made defendants to the bill. The lands were sold by the sheriff on the 20th October, 1856; the complainants’judgment was rendered on the 23d Octobei’, 1856; and the bill was filed on the 18th September, 1858. The bill alleged, that on the…

1Opinion of the CourtA. J. Walker, C. J.

-Section 2120 of the Code says, that judgment creditors may redeem land sold under ex'ecution, “ by paying, or tendering, the amount bid for such land at the sale thereof, and ten percent, per annum thereon, -together with all lawful charges; and by further offering to credit the debtor, upon a subsisting judgment, with a sum at least equal to ten per cent, of the amount originally bid for the land ; and upon such payment or tender being made, and credit actuall}7 given to the debtor, the title to such land vests in the creditor, and the purchaser must convey to him such title as he,has, at…

2Cases cited3 opinions

  1. Owen v. SlatterSupreme Court of Alabama · 1855
  2. Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
  3. Brewer v. Branch BankSupreme Court of Alabama · 1854

3Cited by4 opinions

  1. Stocks v. YoungSupreme Court of Alabama · 1880
  2. Walker, Mead & Co. v. BallSupreme Court of Alabama · 1864
  3. Rose v. BeckhamSupreme Court of Alabama · 1956
  4. Vick v. BeverlySupreme Court of Alabama · 1895

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