Camp v. Simon
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Clase. The bill in this ease was filed, on the 28th May, 1851, by Eugene Simon, against N. S. Graham and Edward Camp; and sought to redeem a certain tract of land, which had been sold under execution against said Simon on the 21st May, 1849, and purchased at the sale by said Graham, who, before the filing of the bill, had sold and conveyed to his co-defendant, Camp, who was in possession when the bill…
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Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Clase. The bill in this ease was filed, on the 28th May, 1851, by Eugene Simon, against N. S. Graham and Edward Camp; and sought to redeem a certain tract of land, which had been sold under execution against said Simon on the 21st May, 1849, and purchased at the sale by said Graham, who, before the filing of the bill, had sold and conveyed to his co-defendant, Camp, who was in possession when the bill was filed. On final hearing, on pleadings and proof, the chancellor rendered a decree for the complainant, which the…
1Opinion of the CourtA. J. Walker, C. J.
The purchaser at execution sale, “-on receiving the sheriff’s deed, becomes the absolute owner.” “Nothing is left in the former owner, or his judgment creditors, but the naked right to redeem.” Spoor v. Philips, 27 Ala. Rep. 193; Kannon v. Pillow, 7 Humph. 281-293. The title, subject only to the right to redeem, vested in the purchaser at execution sale, is assignable. He may transfer by deed his title, as he may the title to other land. After a conveyance by the purchaser at execution sale, all his right is vested in his grantee; and an application to redeem must be made to the grantee. The…
2Cases cited2 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- McGehee v. GewinSupreme Court of Alabama · 1854
3Cited by10 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Thompson v. BrownSupreme Court of Alabama · 1917
- Hobson v. RobertsonSupreme Court of Alabama · 1931
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