Wells v. American Mortgage Co.
Supreme Court of Alabama
Aiteal from the Chancery Court of Shelby. Heard before the I-Ion. J. R. Dowdell. On November 23, 1887, the appellee, the American Mortgage Company of Scotland, filed a bill in the chancery court of Shelby county, asking for the foreclosure of a certain mortgage executed by Sarah-Wells, deceased, to the complainant mortgage company, to which said suit H. R. Wells, as administrator of the estate of Sarah 'Wells, deceased,-and others were made parties defendant.
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Aiteal from the Chancery Court of Shelby. Heard before the I-Ion. J. R. Dowdell. On November 23, 1887, the appellee, the American Mortgage Company of Scotland, filed a bill in the chancery court of Shelby county, asking for the foreclosure of a certain mortgage executed by Sarah-Wells, deceased, to the complainant mortgage company, to which said suit H. R. Wells, as administrator of the estate of Sarah 'Wells, deceased,-and others were made parties defendant. In this suit a decree was rendered granting the relief prayed for by the complainant, ordering the sale of the lands conveyed in the…
1Dissent
DISSENTING OPINION.
I cannot concur in these views and accordingly express my dissent therefrom in the remaining portion of this opinion. It appears that on the 22d day of September, 1896, a decree was rendered in the foreclosure proceedings, by the chancery court, in favor of the complainant and against the respondent Wells, as administrator of the estate of Sarah Wells, for the deficiency found to be due upon the mortgage debt after allowing as a credit the proceeds of the lands conveyed by the mortgage and ordering the issuance of execution against him. On the 17th day of March, 1898, the…
2Cases cited42 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Galpin v. PageSupreme Court of the United States · 1874
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Gunn v. HowellSupreme Court of Alabama · 1855
- Pettus v. McClannahanSupreme Court of Alabama · 1875
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