Jordan v. Walker
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. In Equity. Suit by Nannie R. Walker and others against Sarah E. Jordan and others. From a judgment for plaintiffs, defendants appeal.
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Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. In Equity. Suit by Nannie R. Walker and others against Sarah E. Jordan and others. From a judgment for plaintiffs, defendants appeal. The bill in this case was filed by Nannie R. Walker and the trustees of Georgia May Harris, seeking first a foreclosure of a mortgage executed by Sarah E. Jordan and Lucile Allen and her husband, Walter Allen, to the complainants, on the interest of said Sarah E. Jordan and Lucile Allen in the lands of the estate of one John Jordan, deceased, consisting of two tracts of land referred to as the…
1Opinion of the CourtGardner, J.
[1] It is urgently insisted by counsel for appellant that one holding a mortgage on the interest of one tenant in common cannot at one and the same time maintain a bill to foreclose the mortgage, and also to sell the land for division among the tenants in common. Much of the argument is addressed to this point, citing, among other authorities, Hawes v. Nason, 111 Me. 193, 88 Atl. 538, Ann. Cas. 1915D, 1095, and note, 67 Am. Dec. 708; Phelps v. Palmer, 15 Gray (Mass.) 499, 77 Am. Dec. 378; Bush v. Thomas, 172 Ala. 77, 55 South. 622.
We are of the opinion, however, that the following cases of…
2Cases cited13 opinions
- Fitts v. CraddockSupreme Court of Alabama · 1906
- Lyon v. PowellSupreme Court of Alabama · 1884
- Wheat v. WheatSupreme Court of Alabama · 1914
- Nelson v. KellySupreme Court of Alabama · 1890
- O'Connell v. O'ConnellSupreme Court of Alabama · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McCall v. NettlesSupreme Court of Alabama · 1948
- Shrout v. SealeSupreme Court of Alabama · 1971
- Wood v. BarnettSupreme Court of Alabama · 1922
- Roberts v. ClevelandSupreme Court of Alabama · 1931
- McGlathery v. MeeksSupreme Court of Alabama · 1929
11 more not listed; retrieve them via the Exa API.