Pollard v. Taylor
Supreme Court of Alabama
Appeal from the Court of Chancery of Pike. The Hon. J. W. Lesesne, Chancellor. On the 10th November, 1845, Thomas B. Taylor, became the accommodation acceptor for George C. Ball, upon a bill of exchange, at sixty days’ sight, which being protested, Taylor was sued, and a judgment rendered against him in the fall of 1846. In May, 1847, he paid the judgment, and at the May term, 1847, of the circuit court of Montgomery, obtained a judgment against Ball for the money so paid.
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Appeal from the Court of Chancery of Pike. The Hon. J. W. Lesesne, Chancellor. On the 10th November, 1845, Thomas B. Taylor, became the accommodation acceptor for George C. Ball, upon a bill of exchange, at sixty days’ sight, which being protested, Taylor was sued, and a judgment rendered against him in the fall of 1846. In May, 1847, he paid the judgment, and at the May term, 1847, of the circuit court of Montgomery, obtained a judgment against Ball for the money so paid. In September, 1846, certain lands of Ball were sold under execution against him, and purchased by Charles T. Pollard, and…
1Opinion of the CourtChilton, J.
The express object and intention of the legislature in enacting the statute, which we are called on to construe, was “ to prevent the sacrifice of real estate,” and it is our duty to give such judicial construction to the act as will carry out this intention. The statute is remedial, and must receive a liberal interpretation. It provides, “ whenever it shall hereafter happen that any interest in land shall be sold at any execution sale, and the individual whose interest is so sold, shall have other bona fide creditors, they may, at any time within two years after such sale, redeem such…
2Cases cited2 opinions
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