Freeman v. Jordan
Supreme Court of Alabama
Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. 1. The bill is filed to redeem real estate sold under execution, and the decree was for the complainant. The answer contains a demurrer, but the bill ,is believed to contain all the needful allegations; and by the second proviso, (see Clay’s Digest, 503, § 5,) Jordan, who was plaintiff in execution under which the land sold, has the right to redeem.
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Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. 1. The bill is filed to redeem real estate sold under execution, and the decree was for the complainant. The answer contains a demurrer, but the bill ,is believed to contain all the needful allegations; and by the second proviso, (see Clay’s Digest, 503, § 5,) Jordan, who was plaintiff in execution under which the land sold, has the right to redeem. The bill was filed within the two years after the sale, and if former offers to redeem were insufficient the bill itself in its conclusion makes all proper tenders and…
1Opinion of the CourtChilton, J.
Ths was a bill filed by the defendant in error under the statute of 1842, to redeem certain lands sold under an execution in his favor against one James M. Webb, on the first Monday in May 1847, and purchased by Freeman, one of the plaintiffs in'error, at the sum of fifty dollars. The complainant below avers that he offered to redeem and tendered the money with the ten per cent, per annum on the amount bid by Freeman, with all costs and expenses, and further offered to credit his execution with the sum of two hundred and fifty dollars, but that Freeman declined to permit the redemption and…
2Cases cited2 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Thomason v. ScalesSupreme Court of Alabama · 1847
3Cited by8 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Posey v. PressleySupreme Court of Alabama · 1877
- Carlin v. JonesSupreme Court of Alabama · 1876
- Trimble v. WilliamsonSupreme Court of Alabama · 1873
- Chattanooga Metal Co. v. ProctorSupreme Court of Alabama · 1933
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