Daniel v. Modawell
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Tried before the Hon. A. B. Moore. MotioN to set aside a sale of land under execution. The motion was made by the plaintiff in the execution, who is also plaintiff in error, and the purchaser at the sale was made defendant. The facts of the case appear in the opinion. 1. A sale of land by a sheriff will be set aside for the misrepresentation or fraud of a purchaser.
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Error to the Circuit Court of Marengo. Tried before the Hon. A. B. Moore. MotioN to set aside a sale of land under execution. The motion was made by the plaintiff in the execution, who is also plaintiff in error, and the purchaser at the sale was made defendant. The facts of the case appear in the opinion. 1. A sale of land by a sheriff will be set aside for the misrepresentation or fraud of a purchaser. McCollum v. Herbert & Caple, 13 Ala. 291. 2. The representation made by Modawell, the purchaser at the sale, that the sale was forbid, on the ground that Moore, the defendant in execution,…
1Opinion of the CourtGoldthwaite, J.
This was a motion made by the plaintiff in execution against the purchaser, to set aside a sale of land sold by the sheriff
The case as presented by the record shows, that, at the sale of the land, in relation to which the motion was made, the purchaser, at the instance of the defendant in execution, forbid the sale; that he then became the purchaser himself, at a price greatly below its real value; and that at the time, although the sale was not made by him, he was the acting and recognized deputy of the sheriff Under these circumstances, if the application had been made in time, and was not…
2Cases cited4 opinions
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Henderson v. SublettSupreme Court of Alabama · 1852
- Lankford v. JacksonSupreme Court of Alabama · 1852
3Cited by6 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1879
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