Thomason v. Scales
Supreme Court of Alabama
Error to the Chancery Court of Talladega. The bill was filed by the plaintiffs, to redeem a tract of land described in the bill, under the act of 1842, which had been sold under execution, against one Nicholas Scales, and purchased by Thadeus Scales, the defendant in error.
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Error to the Chancery Court of Talladega. The bill was filed by the plaintiffs, to redeem a tract of land described in the bill, under the act of 1842, which had been sold under execution, against one Nicholas Scales, and purchased by Thadeus Scales, the defendant in error. The complainant claims to be a creditor of Nicholas Scales, as the owner, and holder of a note, made by him to Andrew B. Creswell, for $120, dated the 4th October, 1844, and due the 1st January after; and alledges, that although the note was executed after the sale of the land, the debt evidenced by it existed previously,…
1Opinion of the CourtOrmond, J.
The question to be determined in this case depends upon the true construction of the act of 1842, to prevent the sacrifice of real estate. [Olay’s Dig. 502.] The first section provides, that the debtor whose interest in any real estate has been sold under execution, may redeem the land within two years from the sale, by a payment to the purchaser, or any one claiming under.him, of the principal sum bid upon the land, together with tender centum per an-num thereon, with all lawful charges.
The second section gives the same right to other bona fide creditors, upon the same terms, “and shall…
2Cited by17 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- R. A. Brown & Co. v. ChancellorTexas Supreme Court · 1884
- Posey v. PressleySupreme Court of Alabama · 1877
- Couthway v. BerghausSupreme Court of Alabama · 1854
- Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
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