Segrest v. Segrest's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Macon, Heard before the Hon. James B. Clark, The bill in this case was filed, on the 9th January, I860', by David Segrest, against the personal representative and heirs-at-law of his deceased brother, Reuben Segrest, Absalom Eady and wife, and Jesse P. Pelts and wife; and sought to redeem a tract of land, which the complainant purchased from said Eady and wife on the 21st Novembers 1855, and which was afterwards conveyed, at his instance, by…
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Appeal from the Chancery Court of Macon, Heard before the Hon. James B. Clark, The bill in this case was filed, on the 9th January, I860', by David Segrest, against the personal representative and heirs-at-law of his deceased brother, Reuben Segrest, Absalom Eady and wife, and Jesse P. Pelts and wife; and sought to redeem a tract of land, which the complainant purchased from said Eady and wife on the 21st Novembers 1855, and which was afterwards conveyed, at his instance, by said Felts and wife, who had the legal title, to said Reuben Segrest, since deceased, who advanced for the complainant…
1Opinion of the CourtA. J. Walker, C. J.
The earliest decision upon the question, whether the chancellor will allow an extension of the time prescribed in his decree for the payment of the mortgage debt, is that of Lord Eldon in Novosielski v. Wakefield, 17 Vesey, 417. In that case, the lord chancellor distinguishesbetween suits to foreclose, and suits to redeem; and, while he concedes that the practice is to extend the time of payment in the former cases, he denies that there is any precedent for the extension in the latter, and refuses to begin such a practice. The reason given for the discrimination is, that the mortgagor’s…
2Cases cited4 opinions
- Singleton v. GayleSupreme Court of Alabama · 1838
- Waller v. HarrisNew York Court of Chancery · 1838
- McAllister's v. ThompsonSupreme Court of Alabama · 1858
- Delage v. HazzardSupreme Court of Alabama · 1849
3Cited by4 opinions
- State ex rel. Lysons v. RuffWashington Supreme Court · 1892
- Graham v. O'NealSupreme Court of Alabama · 1941
- Town of Clayton v. MartinAlabama Court of Appeals · 1912
- Commissioners Court v. TurnerSupreme Court of Alabama · 1871