Dryer v. Graham
Supreme Court of Alabama
Appeal from the Circuit Oourt of Macon. Tried before tbe Hon. James E. Oobb. It appears from the record that judgment was obtained by one E. M. Ervin against tbe intestate (one L. B. Strange) of A. H. Graham, tbe appellee, at tbe Spring term (1868) of said, court; that execution was issued upon said judgment and returned to tbe Fall term; that an execution was issued on tbe 29th of September, 1874, and placed by tbe then sheriff in the bands of bis successor, and levied on…
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Appeal from the Circuit Oourt of Macon. Tried before tbe Hon. James E. Oobb. It appears from the record that judgment was obtained by one E. M. Ervin against tbe intestate (one L. B. Strange) of A. H. Graham, tbe appellee, at tbe Spring term (1868) of said, court; that execution was issued upon said judgment and returned to tbe Fall term; that an execution was issued on tbe 29th of September, 1874, and placed by tbe then sheriff in the bands of bis successor, and levied on lands sold January 2d, 1875. Notice, in writing, of the levy, was given defendant Strange. There was an endorsement by…
1Opinion of the CourtBbickell, C. J.
1. It is insisted by tbe appellant, that although the issue of tbe venditioni exponas may have been irregular, and tbe sale of tbe lands under it unauthorized, *625the administrator de bonis non bas not such an interest in the lands, and can sustain no such injury as will entitle him to move a vacation of the sale. It is certainly true, that an application to a court of law for the vacation of a sale, made under its process, will not be entertained at the instance of a mere stranger to the process, and who is without interest in the property sold. But whoever is a party or privy to the process,…
2Cases cited4 opinions
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Lee v. DavisSupreme Court of Alabama · 1849
- Garey v. HinesSupreme Court of Alabama · 1846
- Autry v. WaltersSupreme Court of Alabama · 1871
3Cited by5 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Mohon v. TatumSupreme Court of Alabama · 1881
- Southern Cooperative Foundry Co. v. Warlick Furniture Co.West Virginia Supreme Court · 1936
- Watson v. SteeleSupreme Court of Alabama · 1884
- First National Bank v. HenrySupreme Court of Alabama · 1905