McGaugh v. Deposit Bank
Supreme Court of Alabama
Appeal from tlie Chancery Court of Lowndes. Tried before the Hon. W. L. Parics. The bill in. this case was filed by the appellee, the Deposit Bank of Frankfort, a corporation of the State of Kentucky, against the appellant, W. P. McGaugh. On the 18th of August; 1898, the complainant, which will be referred to as The Bank, obtained a judgment in the Circuit Court of Lowndes county for $1,086.12, against A. E. Caffee, besides costs of suit.
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Appeal from tlie Chancery Court of Lowndes. Tried before the Hon. W. L. Parics. The bill in. this case was filed by the appellee, the Deposit Bank of Frankfort, a corporation of the State of Kentucky, against the appellant, W. P. McGaugh. On the 18th of August; 1898, the complainant, which will be referred to as The Bank, obtained a judgment in the Circuit Court of Lowndes county for $1,086.12, against A. E. Caffee, besides costs of suit. After said judgment was obtained, The Bank filed its bill in the Chancery Court of Lowndes for the purpose of having declared fraudulent and void certain…
1Opinion of the CourtHaralson, J.
It cannot be denied that after the foreclosure of the Hinson mortgage, there remained in the Oaffees, the mortgagors, nothing but the statutory right of redemption. The equity of redemption had been cut off and forever foreclosed 'by the sale of the lands under the power contained in the mortgage.
The insistence of the appellant, the defendant below, is, that the purchase by the appellee, the complainant below, .of the interest of Caffee and wife in these lands (although the appellee obtained nothing thereby), was a satisfaction of said decree in favor of the complainant Bank in said suit…
2Cases cited6 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Clemmons v. CoxSupreme Court of Alabama · 1896
- Thomas v. GlazenerSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McGrangh v. Deposit BankSupreme Court of Alabama · 1906