McHan v. Ordway, Dudley & McGuire
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The original bill in this ease was filed on the 5th November, 1883, by the appellees, suing as late partners, and as purchasers at their own sale of a tract of land mortgaged to them by "William Conant, against the said Conant and James McHan; and prayed a confirmation of said sale, or a re-sale at the option of said Conant, and an account of rents and profits against McHan, who was in possession…
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Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The original bill in this ease was filed on the 5th November, 1883, by the appellees, suing as late partners, and as purchasers at their own sale of a tract of land mortgaged to them by "William Conant, against the said Conant and James McHan; and prayed a confirmation of said sale, or a re-sale at the option of said Conant, and an account of rents and profits against McHan, who was in possession of the land. On a former appeal to this court, from a decree overruling a motion to dismiss the bill for want of equity,…
1Opinion of the CourtSomebyille, J.
— 1. The complainants, as mortgagees, and purchasers at their own sale under the power of sale in the mortgage, were authorized to come into a court of equity, in order to have their purchase confirmed, and their title- perfected; and they could offer in their bill to have the lands resold, at the option of the mortgagor. This was settled when the case was last before us on appeal. — McHan v. Ordway, 76 Ala. 347. On. the authority of that decision, we hold that the amended bill had equity, and the motion to dismiss it.was properly overruled.
2. This being true, no additional ground of…
2Cases cited4 opinions
- Randle v. BoydSupreme Court of Alabama · 1882
- Lyon v. PowellSupreme Court of Alabama · 1884
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- McHan v. Ordway, Dudley & McGuireSupreme Court of Alabama · 1884
3Cited by5 opinions
- Carpenter v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938
- Hambrick v. RussellSupreme Court of Alabama · 1888
- Wilson v. First Nat. Bank of GadsdenSupreme Court of Alabama · 1923
- Orr v. BlackwellSupreme Court of Alabama · 1890
- Wilson v. First Nat. BankSupreme Court of Alabama · 1923