Ives v. Rice

Decided December 15, 1887

Supreme Court of Alabama · decided 1887-12-15

Heard before Hon. Thomas Cobbs. Appellants filed a bill to enforce the vendor’s lien. A decree was rendered in their favor in November, 1873. In August, 1885, the register sold the land and made a report of sale. The defendant submitted exceptions to this report, and filed a petition to set aside the sale on the ground that the decree against Mm had been paid. The question of payment veil non was referred to the register, who reported that payment had been made.

Decided 1887-12-15

Per Curiam.

¶1Excluding all illegal testimony to which objection is properly taken, there remains, in the opinion of the court, a sufficient amount of legal testimony to support the conclusion reached by the chancellor, that the decree sought to be enforced in favor of appellants against the ap*283pllee had been fully paid and discharged prior to the sale of the land.

¶2The sale was, therefore, properly set aside, and there was no error in the decree of the chancellor ordering the entry of satisfaction of the judgment, in favor of the appellant, under which the sale was made.

¶3Affirmed.