Danforth v. Burchfield
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Suit for trespass to realty by Press Burch-field against A. T. Danforth. There was judgment for defendant, and later an execution for costs was issued against plaintiff and levied upon certain land. Sale was had, and the land bought by defendant. Plaintiff’s motion to set aside and vacate sale granted, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6.
1Opinion of the CourtSomerville, J.
The proceeding before us for appellate review is a motion to vacate and set aside a sale of the movant’s lands under an execution for the collection of court costs amounting to $144; the purchaser being the successful defendant. The motion was submitted on affidavits, and the trial court granted the motion. It appears that the sheriff levied on and sold for $159 something over 100 acres of land, shown to be worth $12.50 to $15 an acre, and that movant is an aged negro, who cannot read or write.
[1] The motion is based upon the allegation that the sale “is infected with oppression,…
2Cases cited3 opinions
- Allen v. AllenSupreme Court of Alabama · 1885
- Henderson v. SublettSupreme Court of Alabama · 1852
- Simmons v. SharpeSupreme Court of Alabama · 1903
3Cited by10 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Martin v. JonesSupreme Court of Alabama · 1958
- Cox v. CoxSupreme Court of Alabama · 1958
- Madison v. WareSupreme Court of Alabama · 1965
- Dunn v. PoncelerSupreme Court of Alabama · 1940
5 more not listed; retrieve them via the Exa API.