34 Ala. 126 | Ala. | 1859
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 redemption statute contemplates a payment or tender, after a conveyance by the purchaser at execution sale, to the grantee “claiming under such purchaser;” certainly where the grantee has gone into possession after his purchase. — Clay’s Digest, 502, § 1.
Graham, the purchaser at the execution sale, had, before the tender' alleged in the bill, parted by a conveyance with all his right, and vested it in Camp, who had gone into open and known, possession. It was requisite, therefore, that the tender should be made to Camp; and neither a tender to Graham, nor a waiver of a tender by him, after his couveyance, could vest the equitable right, the existence of which is requisite to the maintenance of the bill. — Spoor v. Philips, 27 Ala. 193.
On account of the want of sufficient proof of tender, the court below erred in not dismissing the complainant’s bill; and its decree must be here reversed, and a decree must be rendered, dismissing the complainant’s original and amended bills at their costs, and the appellees must pay the costs of this court.