Legal Opinion

Pate v. Hinson

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 5 opinions

Appeal'from the Chancery Court of Geneva. Heard before the Hon. Jere N. Williams. The original bill in this case was filed by the appellee, Joseph E. Hinson, against M. E. Milligan andB. F. Pate, as sheriff of Geneva county, on September 8, 1894; and prayed for the cancellation of a deed, executed by the defendant B. F. Pate, as sheriff to M. E. Milligan, who purchased at an execution sale, and that the execution of a writ of possession be enjoined, and for general relief.

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Appeal'from the Chancery Court of Geneva. Heard before the Hon. Jere N. Williams. The original bill in this case was filed by the appellee, Joseph E. Hinson, against M. E. Milligan andB. F. Pate, as sheriff of Geneva county, on September 8, 1894; and prayed for the cancellation of a deed, executed by the defendant B. F. Pate, as sheriff to M. E. Milligan, who purchased at an execution sale, and that the execution of a writ of possession be enjoined, and for general relief. The other facts of the case are sufficiently stated in the opinion. cited Beach v. Dennis, 47 Ala. 262; Ray v. Womble, 56…

1Opinion of the CourtBrickell, C. J.

The original bill filed by the appellee, in substance, states that in 1892, the National Fertilizer Company recovered a j udgment at law against the appellee for a sum exceeding nine hundred dollars, on which an execution issued and was levied on certain described lands, of which there was a subsequent sale by the sheriff. At the sale, the appellant, Milligan, the attorney of the plaintiff in the judgment, was the only bidder and became the purchaser of the lands at and for the sum of two hundred dollars, the lands being of the value of at least three thousand dollars, and to him the sheriff,…

2Cases cited8 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
  3. Cowan & Co. v. SappSupreme Court of Alabama · 1883
  4. Ponder v. CheevesSupreme Court of Alabama · 1890
  5. Cowan & Co. v. SappSupreme Court of Alabama · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Percoff v. SolomonSupreme Court of Alabama · 1953
  2. Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
  3. Rothschild v. Bay City Lumber Co.Supreme Court of Alabama · 1903
  4. Jones v. SpearSupreme Court of Alabama · 1920
  5. Cullman Real Estate Co. v. BeyerSupreme Court of Alabama · 1927

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