Equitable Mortgage Co. v. Finley
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. Richard B. Kelly. The bill was filed in this case by the Equitable Mortgage Company to foreclose a mortgage executed to complainant, a foreign corporation, by Rebecca H. Finley, and her son, Henry Finley.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. Richard B. Kelly. The bill was filed in this case by the Equitable Mortgage Company to foreclose a mortgage executed to complainant, a foreign corporation, by Rebecca H. Finley, and her son, Henry Finley. The respondents are said Henry Finley and one Maria Finley, his sister, the bill averring that they are the sole heirs of said Rebecca H. Finley, who died intestate since the execution of said mortgage, owning no property except the lands embraced in said mortgage, and owing no .debts, and that no administration has been had…
1Opinion of the CourtSi-Tarpe, J.
To dispose of the first assignment of error it is enough to point out that the decree provides for a divesture by foreclosure of all the interest in the mortgaged property which by the bill, is shown to reside in Maria Finley. So far as the bill discloses that interest is only such as came by descent to her as an heir of the deceased mortgagor. The title she sets up in her answer as derived from possession adverse to the mortgagors and all others is not assailed by the bill as an obstruction to the foreclosure sought or otherwise.
Decrees can -properly be rendered only secundum allegata, since…
2Cases cited7 opinions
- Randle v. BoydSupreme Court of Alabama · 1882
- Lyon v. PowellSupreme Court of Alabama · 1884
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Bolling & Son v. PaceSupreme Court of Alabama · 1892
- Bone v. LansdenSupreme Court of Alabama · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Gregory v. GregoryIllinois Supreme Court · 1926
- Lytle v. RobertsonSupreme Court of Alabama · 1936
2 more not listed; retrieve them via the Exa API.