Paulling v. Barron, Meade & Co.
Supreme Court of Alabama
[BILL IN EQUITY EOR REDEMPTION OP REAL ESTATE.] Appeal from the Chancery Court of Marengo. Heard before the Hon. James B. Olaek. The bill in this case was filed by the appellant, and sought to redeem certain lands which had been sold under execution at law against one James McNaughton.
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[BILL IN EQUITY EOR REDEMPTION OP REAL ESTATE.] Appeal from the Chancery Court of Marengo. Heard before the Hon. James B. Olaek. The bill in this case was filed by the appellant, and sought to redeem certain lands which had been sold under execution at law against one James McNaughton. The lands were levied on by a constable, in September, 1848, under executions issued on sundry judgments against said McNaughton, which were rendered by a justice of the peace on different days between tlie 10th July, 1847, and the 2d February, 1848; and were sold by the sheriff, under an order of the circuit…
1Opinion of the CourtRice, C. J.
The act of 1820 declared, that “ the equitable title or claim to land or other real estate ” should thereafter “be liable to the payment of debts, by suit in chancery, and not otherwise.” — Clay’s Big. 350, § 31. That provision of the act was of full force when *11the land in controversy in this suit was sold by the sheriff under process from the court of law. The land was sold by the sheriff as the property of McNaughtou, who had mortgaged it in fee, and who, at the time of the sale, as well as at the time of’ the rendition of the judgments at law upon which the process was founded under which…
2Cases cited1 opinion
- Goring's v. ShreveCourt of Appeals of Kentucky · 1838
3Cited by13 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Scott v. WareSupreme Court of Alabama · 1880
- Heflin v. SlaySupreme Court of Alabama · 1884
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