Wells v. American Mortgage Co. of Scotland, Ltd.
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. S. E. McSpadden. This was a bill in equity by the American Mortgage Company of Scotland, Limited, against the personal representative and heirs of Sarah Wells, deceased, to foreclose a mortgage executed by said Sarah Wells to the complainant, conveying certain lands described therein.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. S. E. McSpadden. This was a bill in equity by the American Mortgage Company of Scotland, Limited, against the personal representative and heirs of Sarah Wells, deceased, to foreclose a mortgage executed by said Sarah Wells to the complainant, conveying certain lands described therein. C. C. Wells, the administrator of the estate of Sarah Wells, deceased, and one of her children, having died subsequent to the filing of the original bill, an amendment to the bill was filed suggesting the death of said C. C. Wells, bringing in the…
1Opinion of the CourtBrickell, C. J.
The scope and purpose of a bill for the foreclosure of a mortgage on lands is to cut off the equity of redemption of the mortgagor, to obtain a decree for the sale of the estate created and passing by the mortgage, and the application of the proceeds of sale to the payment of the mortgage debt. Such being the scope and purpose of the bill, the general rule in a court of equity applies that all persons whose interests are to be affected or concluded by the decree must be made parties. If mortgagor and mortgagee are in life, generally, the rule will embrace them only, and those- who may have…
2Cases cited28 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Scrugham v. WoodNew York Supreme Court · 1836
- Randle v. BoydSupreme Court of Alabama · 1882
- Elsberry v. BoykinSupreme Court of Alabama · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1910
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Jemison v. BrasherSupreme Court of Alabama · 1919
43 more not listed; retrieve them via the Exa API.