Lampley v. Weed & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Ba Heard before the Hon. Wade Keyes. This bill was filed by Wm. H. Weed & O^feáaJaáarfent creditors of James E. Warren, to redeem certain lots in the town of Clayton, which had been sold under mortgage executed by said Warren, and purchased by John M. Lampley, who was the mortgagee.
Read the full summary
Appeal from the Chancery Court of Ba Heard before the Hon. Wade Keyes. This bill was filed by Wm. H. Weed & O^feáaJaáarfent creditors of James E. Warren, to redeem certain lots in the town of Clayton, which had been sold under mortgage executed by said Warren, and purchased by John M. Lampley, who was the mortgagee. The bill alleged a tender and refusal of the amount of the purchase money, with ten per cent, interest thereon and all lawful charges, and the further offer to credit complainants’ judgment with a sum at least equal to ten per cent, of the purchase money ; and the tender was…
1Opinion of the CourtChilton, C. J.
Although Lampley raises a weak objection to Clayton’s authority to make the offer of redemption, he does not aver that he was not authorized, or that he raised ■ any objéction to a redemption on the ground of a want of *623authority. Had he done so, the supposed defect of want of authority, doubtless, might readily have been supplied. But he refused to allow the redemption, and insisted upon his right then, as he still does by his answer, to hold on to the land. He cannot now be allowed to set up the want of authority in Clayton, having made no such objection then ; -the complainants insisting…
2Cited by3 opinions
- Johns v. AnchorsSupreme Court of Alabama · 1907
- Martin v. Consolidated Cone Co.Supreme Court of Alabama · 1927
- Knickerbocker v. HallaCourt of Appeals for the Ninth Circuit · 1910