Hunt's Heirs v. Ellison's Heirs
Supreme Court of Alabama
{BILL IN EQUITY FOR REDEMPTION OF MORTGAGED LANDS SOLD UNDER DEGREE OF FORECLOSURE IN CHANCERY.] Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes.
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{BILL IN EQUITY FOR REDEMPTION OF MORTGAGED LANDS SOLD UNDER DEGREE OF FORECLOSURE IN CHANCERY.] Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. The original bill in this ease was filed by the heirs-at-law and executors of Thomas Ellison, deceased, on the 11th February, 1852, and sought to redeem certain city-lots in Mobile, which had been sold, in 1839, under a decree in chancery foreclosing amortgage, and' purchased at the sale by Jonathan Hunt, the mortgagee. These lots, four in number, called '“water-lots,” were sold by said Hunt, on the 17th March, 1836, to…
1Opinion of the CourtWalker, J.
I lay down, and shall endeavor to maintain, the folio wing ^propositions:
1. That Alexander J. Jude and Peter A. Remsen, the mortgagors in the mortgage which is the subject of the decree of foreclosure in favor of Hunt in 1839, were parties to the judicial proceeding in which that decree was rendered.
2. That the complainants in the original and cross bill claim under those mortgagors, and are barred and precluded, after the expiration of five years from the execution of that decree.
3. That the complainants do not come within any exception to the statute, under which they ai*e so barred and…
2Cases cited95 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Thatcher v. PowellSupreme Court of the United States · 1821
- Thompson v. TolmieSupreme Court of the United States · 1829
- The MARY, Stafford, MastfSupreme Court of the United States · 1815
- Borden v. FitchNew York Supreme Court · 1818
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3Cited by24 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Eborn v. ZimpelmanTexas Supreme Court · 1877
- Robinson v. AllisonSupreme Court of Alabama · 1892
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Collier v. FalkSupreme Court of Alabama · 1880
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