Harton v. Enslen
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by H. M. Hartón against E. F. Enslen and others, to vacate and set aside an execution sale of land, to vacate and annul a judgment in ejectment, and to cancel certain deeds as a cloud upon complainant’s title. From a deed for respondents complainant appeals. Under the facts in this case appellant is not guilty of laches in filing this suit. — Bimmons v. Sharp, 138 Ala. 451; First Nat.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by H. M. Hartón against E. F. Enslen and others, to vacate and set aside an execution sale of land, to vacate and annul a judgment in ejectment, and to cancel certain deeds as a cloud upon complainant’s title. From a deed for respondents complainant appeals. Under the facts in this case appellant is not guilty of laches in filing this suit. — Bimmons v. Sharp, 138 Ala. 451; First Nat. Bank v. Nelson, 106 Ala. 535; Bayre v. Elyton L. Go., 73 Ala. 85; Ray v. Womble, 56 Ala. 32; Henderson v. Sublet, 21 Ala. 626; Sec.…
1Opinion of the CourtSomerville, J.
The bill of complainant was filed by appellant for the purpose of vacating and setting aside an execution sale of certain lands which he claims to own; to cancel certain deeds made to or by certain of the .respondents as clouds on his title; to vacate and set aside a certain judgment in ejectment recovered by one of the respondents against complainant’s wife; and to have issued a writ of possession to put complainant in possession of the land.
1. The only reason assigned for invoking the jurisdiction of equity for the vacation of the sheriff’s sale is that the land, which was worth $10,000,…
2Cited by1 opinion
- Harton v. EnslenSupreme Court of Alabama · 1913