McCullough v. McCullough

SIMPSON, Justice.

The bill as amended is in essence one -by a personal representative to enforce an equity of redemption of real estate owned by his intestate mortgagor.

Generally, the equitable right of redemption belongs to one who has an interest in the premises and would be a loser by foreclosing (42 C.J. 357, § 2091) or who owns the mortgagor’s equity of redemption or any subsisting interest therein by privity of title with him by purchase, inheritance or otherwise. Butts v. Broughton, 72 Ala. 294.

The personal property, so far as adequate for that purpose, is the natural fund out of which…