Nuckols v. Mahone
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. George W. Stone. Motion by the plaintiff in error, to set aside a sale of land made under execution. The plaintiff filed his petition for a rule on the parties in intest, setting forth his title to certain lands, which had been sold as the property of one Williamson Freeman, in virtue of an execution issued on a judgment in favor of James H. Shorter, who was dead at the time the execution issued.
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Error to the Circuit Court of Macon. Before the Hon. George W. Stone. Motion by the plaintiff in error, to set aside a sale of land made under execution. The plaintiff filed his petition for a rule on the parties in intest, setting forth his title to certain lands, which had been sold as the property of one Williamson Freeman, in virtue of an execution issued on a judgment in favor of James H. Shorter, who was dead at the time the execution issued. The allegations of the petition establish, that the petitioner has the title to the land, by purchase from Freeman, and held the eqitable title.…
1Opinion of the CourtCollier, C. J.
In the Mobile Cotton Press &c. v. Moore & Magee, 9 Port. Rep. 679, we made the following deductions from authorities : “1. A party injured by the improper execution of a fieri facias, may obtain redress on motion to the court from which the writ issued. 2. That a sale of land will be set aside, where the sheriff is guilty of a mistake, irregularity, or fraud, to the prejudice of either party, or a third person. 3. So the misrepresentation or fraud of a purchaser, furnishes just ground for invalidating the sale.” This'decision was recognized in McCullum v. Hubbert and Caple, 13 Ala. Rep. 289,…
2Cases cited6 opinions
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Chambers v. StoneSupreme Court of Alabama · 1846
- McCollum v. HubbertSupreme Court of Alabama · 1848
- Blount v. TraylorSupreme Court of Alabama · 1843
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3Cited by5 opinions
- Henderson v. SublettSupreme Court of Alabama · 1852
- Ex parte StickneySupreme Court of Alabama · 1866
- Sheffey v. DavisSupreme Court of Alabama · 1877
- McLaughlin v. BradfordSupreme Court of Alabama · 1886
- Nearen v. FarrowSupreme Court of Alabama · 1906