Weathers v. Spears
Supreme Court of Alabama
Appeal from the Chancery Court of Randolph. Heard before the Hon. James B. Clark. This bill was filed by William Spears to redeem certain • lands which were sold under execution against him, and were purchased by the appellant.
Read the full summary
Appeal from the Chancery Court of Randolph. Heard before the Hon. James B. Clark. This bill was filed by William Spears to redeem certain • lands which were sold under execution against him, and were purchased by the appellant. The judgment, on which the execution issued, was rendered on the 7th November, 1844, for $100 debt, and $18 21 costs ; and the lands were sold on the first Monday in February, 1845, and were purchased by the appellant, who was the plaintiff in the judgment, for $32 12|. A tender was made of the amount required by the statute, on the 28th January, 1847, but the…
1Opinion of the CourtBice, J.
-There is, at least, one palpable error in the decree of the chancellor. It consists in adjudging, that the defendant convey “ the land" described in the decree to the complainant by quit-claim deed. The statute authorizes the judgment debtor to. redeem only “the interest that may have been sold” at the execution sale. — Clay’s Dig. 502, § 1. The court ought not to have gone beyond the statute. It may be that the defendant owns some other interest than “ the interest” which he acquired at the execution sale. If he does, the chancellor had no authority, under the present bill, to deprive him…
2Cited by11 opinions
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Morrison v. FormbySupreme Court of Alabama · 1914
- Posey v. PressleySupreme Court of Alabama · 1877
- Hardy v. HerriottWashington Supreme Court · 1895
- Garvich v. Associates Financial Services Co.Supreme Court of Alabama · 1983
6 more not listed; retrieve them via the Exa API.