Roden v. Jaco

Citations

• 17 Ala. 344

Syllabus

<p>1. J. by deed conveyed certain lands to a trustee to indemnify bia securities on a debt due to the Bank, and subsequently availed himself of the-benefit of the bankrupt act. Pending the application and before his final discharge in bankruptcy, K., having recovered a judgment and sued out execution against him, paid the debt due to the Bank, and procured a sale of the lands under and pursuant to the deed of trust, at which sale she became the purchaser. Held,—</p> <p>1st. That the execution, issued on the judgment in favor of K., was voidable merely, and was sufficient until avoided to entitle her under the statute (Clay’s Dig. 256, § 6,) to discharge the debt secured by the deed of trust, and have the lands sold under it for her use and benefit.</p> <p>2d. That such sale vested in the purchaser both the legal and equitable title to the lands.</p>