Henderson v. Prestwood
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon.. J. W. Foster. This was an. action of unlawful detainer, brought by the appellant, Charles Henderson, against the appellee, F. M. Prestwood. The facts of the case are sufficiently stated in the opinion. From a judgment in favor of the defendant, the plaintiff prosecutes the present appeal, and assigns as error the several rulings of the trial court to which exceptions were reserved.
1Opinion of the CourtMcCLELLAN, J.
Charles Henderson, as surviving partner, &c., was plaintiff and F. M. Prestwood was defendant below; the action being one of unlawful detainer. Plaintiff based his right of possession on a statutory offer to redeem the land as a judgment creditor of F. M. Prestwood from Georgia A. Prestwood, who had purchased the same at execution sale made under another judgment obtained against F. M. Prestwood by said Henderson. The tender was declined by Georgia A. Prestwood on the ground that F. M. Prestwood, the defendant in the execution under which she purchased, the “judgment debtor,” had previously…
2Cases cited2 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Commercial Real Estate & Building Ass'n v. ParkerSupreme Court of Alabama · 1887
3Cited by2 opinions
- Sibley v. Linton Coal Co.Supreme Court of Alabama · 1914
- Commonwealth Land Title Insurance v. Poe (In Re Poe)Court of Appeals for the Eleventh Circuit · 2007