Henderson v. Hambrick

• Decision Date: 09 April 1901
• Citation: 29 So. 923,129 Ala. 596
• Parties: HENDERSON ET AL. v. HAMBRICK ET AL.
• Court: Alabama Supreme Court

29 So. 923

129 Ala. 596

HENDERSON ET AL. v. HAMBRICK ET AL.

Supreme Court of Alabama

April 9, 1901

Appeal from chancery court, Marshall county; W. H. Simpson Chancellor.

Bill by James T. Hambrick and others against Anna J. Henderson and others. From a decree overruling a demurrer to the bill defendants appeal. Reversed.

The bill alleged that on October 14, 1889, one Hugh Carlisle filed his bill against the complainants in the present suit to foreclose a vendor's lien on a certain specifically described tract of land; that in May, 1898, a decree was rendered in said cause, declaring that said lands were subject to a vendor's lien, and directing that the same be sold if the purchase money was not paid in 10 days; that on June 13, 1898, after due and legal notice, said lands were sold by the register at public auction, and Hugh Carlisle was the highest and best bidder, and became the purchaser thereof for the sum of $467, and that said sale was duly reported to the court and confirmed, and Hugh Carlisle received the register's deed to said land; that in August, 1898, the said Hugh Carlisle died, leaving the defendants in the present suit, Anna J. Henderson and Mary Carlisle, his sole heirs at law; that on June 7, 1900, the complainants offered to redeem said lands from said sale by jointly and severally tendering to the defendants the amount bid by Hugh Carlisle at the sale under the chancery decree, together with 10 per cent. thereon, and by offering to pay to said defendants all other lawful costs or charges, and requested said defendants to reconvey to them said lands, but that the defendants refused to permit the complainants to redeem from under said sale; that thereupon the complainants deposited with the register in court the amount tendered to the defendants, and they now offer to do equity as the court may direct. The prayer of the bill was that the complainants be decreed to be entitled to redeem said land from said sale upon the payment of said sum as paid by Hugh Carlisle, together with 10 per cent. interest thereon, and all other lawful charges. The defendants demurred to the bill upon the following grounds "(1) Said bill of complaint does not aver a delivery of possession to purchasers at sale under decree; (2) said bill of complaint does not show in which, if either, of complainants is vested the right to redeem; (3) said bill of complaint does not show that any one or all of complainants...