Francis v. White
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by B. B. White, administrator, against W. R. Francis, and others, to redeem from execution sale. Decree for complainant and respondents appeal.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by B. B. White, administrator, against W. R. Francis, and others, to redeem from execution sale. Decree for complainant and respondents appeal. The* act of the execution defendant in joining with the purchaser at the execution sale in conveying to a third person by warranty deed a portion of the property sold, is a waiver and renunciation of the right to subsequently redeem. —Francis v. White} 49 South. 344; Roulac v. Jones, 78 Ala. 398; Harden v. Collins, 138 Ala. 404. The statute requires the redemption of whatever…
1Opinion of the CourtSayre, J.
This is a bill filed under the statute to redeem from an execution sale. The sufficiency of the amended bill as stating a right to relief in equity has been thrice considered before, and sustained. See 142 Ala. 590, 39 South. 174; 150 Ala. 679, 43 South. 1019; 160 Ala. 523, 49 South. 334. The question now presented was raised by a plea filed on the last return of the case to the chancery court. The plea avers that after the execution sale the defendant in execution, redemptioner’s intestate, joined with the purchaser at the execution sale in a conveyance of a part of the property to a third…
2Cases cited9 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Francis v. WhiteSupreme Court of Alabama · 1909
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Francis v. WhiteSupreme Court of Alabama · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Cowley v. ShieldsSupreme Court of Alabama · 1912
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Ex Parte HaleSupreme Court of Alabama · 1944
8 more not listed; retrieve them via the Exa API.