90 So. 285 | Ala. | 1921
The prior history of this litigation may be seen in
In the first place appellant, defendant below, alleges that the sale was not made on the day advertised. Sale was made on April 12, 1920. In the transcript there appears, as of date March 1, 1920, a copy of a paper purporting to be the register's advertisement of a sale to be made on April 5, 1920. But the register's report of sale, date April 12, 1920, shows that it had been made on the same day, "the day advertised for the sale," and it must be presumed, in the absence of a showing to the contrary, that the register's report correctly stated the fact. The copy of the paper found in the transcript shows nothing to the contrary. It is no proper part of the record, nor was it introduced in evidence. If, however, it might be considered at all, it would only require an inference that the register had changed his mind as to the date on which the sale should be made.
In the next place appellant contends, in line with exceptions noted against the report of the sale, that the property sold for an amount greatly less than its real value. Schloss-Sheffield Co. v. Borden,
So upon the whole we feel constrained to make a decree affirming the action of the trial court.
Affirmed.
ANDERSON, C. J., and THOMAS, and MILLER, JJ., concur.