DeBruyn v. Elrod

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• redefining class after determining certain class members not entitled to recovery
• duress found when the plaintiffs “were confronted with the choice of payment of the sheriff’s fees or his refusal to effect the requested sale, execution or redemption”
• duress established where plaintiffs had to pay sheriff’s fees or sheriff would refuse to effectuate requested sale
• duress established where plaintiffs had to pay sheriff's fees or sheriff would refuse to effectuate requested sale
• the plaintiffs delay must have prejudiced and misled the defendant, or caused him to pursue a different course from what he otherwise would have taken in order for laches to apply
• plaintiff challenged constitutionality of fees collected by sheriff; duress shown where plaintiffs were confronted with choice of payment of sheriff's fees or his refusal to effect the requested sale, execution, or redemption

Source: CourtListener parenthetical corpus (CC0).