32 Ala. 422 | Ala. | 1858
If the judgments of the circuit court, under which the complainant became the purchaser of the lands at the sheriff’s sale, were void, the alleged mistakes in the sheriff’s deed cannot be corrected in a court of equity; because the sale of the lands under such judgments was a nullity, and passed no title, either legal or equitable, to the purchaser, (Stewart v. Nuckolls, 15 Ala. 225;) and it would, therefore, be useless and vain for the court to correct the mistakes in the deed, even if they existed. The mere correction of them could not possibly benefit the purchaser. To render him any service, the court would have to go further, and create for him a title, in the face'of facts which showed he had none. The court cannot go that length.
It results from the foregoing views, that the complainant shows no right to relief, and that the decree of the court below must be affirmed. The appellant must pay the costs of the appeal.