Ponder v. Cheeves
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. James R. Dowdell. This was a motion to set aside a sale of lands by the sheriff under executions against Stephen W. Herren; was made by said defendant, in the Spring of 1881, and, on his death, was revived and prosecuted by Nancy Cheeves and others, as his heirs. The lands were sold by the sheriff on the 5th August, 1867, and were bought by J. R. Hambrick, who was the plaintiff in execution.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. James R. Dowdell. This was a motion to set aside a sale of lands by the sheriff under executions against Stephen W. Herren; was made by said defendant, in the Spring of 1881, and, on his death, was revived and prosecuted by Nancy Cheeves and others, as his heirs. The lands were sold by the sheriff on the 5th August, 1867, and were bought by J. R. Hambrick, who was the plaintiff in execution. The lands contained about 2,800 acres, and were knocked down to the purchaser at the aggregate price of $85.00. The motion to set aside the…
1Opinion of the Court
STONE, O. J.
The present record presents only one question, namely: the propriety of the Circuit Court’s order, setting aside and vacating the sheriff’s sale and conveyance. "We think, under the facts shown in the record, the sale should have been set aside, unless there is merit in the objection that *119the motion came too late.—Ruckman v. Corey, 129 U. S. 387; Freeman on Executions, § 297.
The sheriff’s sale and conveyance were made in August, 1867, under judgments and executions obtained in Randolph Circuit Court. It is not shown that the purchasers recovered possession of the lands, or took…
2Cases cited6 opinions
- Ruckman v. CorySupreme Court of the United States · 1889
- Ezzell v. WatsonSupreme Court of Alabama · 1887
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- McCaskell v. LeeSupreme Court of Alabama · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Anniston Pipe Works v. WilliamsSupreme Court of Alabama · 1894
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