Baker v. Burdeshaw
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. W. L. Parks. The' bill was filed by C. V. Bnrdeshaw against Joe Baker for the redemption of land sold under mortgage. Demurrers to. the bill were overruled, ‘ and defendant ap: peals. Tlie opinion sufficiently shows the averments of the bill and. the grounds of demurrer. (1.) The bill should aver that complainant- surrendered possession to the purchaser in ten days after the sale. — Henderson v. Ha niblick, 29 So.
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Appeal from Henry Chancery Court. Heard before Hon. W. L. Parks. The' bill was filed by C. V. Bnrdeshaw against Joe Baker for the redemption of land sold under mortgage. Demurrers to. the bill were overruled, ‘ and defendant ap: peals. Tlie opinion sufficiently shows the averments of the bill and. the grounds of demurrer. (1.) The bill should aver that complainant- surrendered possession to the purchaser in ten days after the sale. — Henderson v. Ha niblick, 29 So. Rep. 923; Code, § 3506; Neis v. Ken-non, 88 Ala. 329; Prior v. HolUngcr, 88 Ala. 405; Pauld-ing v. Meado, 23 Ala. 505; Hanford v.…
1Opinion of the CourtSharpe, J.
— Stocks v. Young, 67 Ala. 341, cited by the appellant as authority for the proposition that a bill to enforce the statutory right of redemption must allege possession of the land was delivered within fen days from the sale. The opinion in that case seems to point- out. as an objection to the bill there considered that, it did not contain such allegation. But from the same opinion it is seen there may be cases meriting relief where such an averment would be improper, as where possession has been retained by consent of the purchaser. The same can be seen from the statute: “The possession of…
2Cases cited5 opinions
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Stocks v. YoungSupreme Court of Alabama · 1880
- Nelms v. KennonSupreme Court of Alabama · 1889
- Paulling v. MeadeSupreme Court of Alabama · 1853
- Ex parte GreenSupreme Court of Alabama · 1895
3Cited by15 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Francis v. WhiteSupreme Court of Alabama · 1909
- Francis v. WhiteSupreme Court of Alabama · 1904
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Garvich v. Associates Financial Services Co.Supreme Court of Alabama · 1983
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