Randolph v. Bradford
Supreme Court of Alabama
Appeal from Circuit Court, Lawrence County; Robert 0. Brickell, Judge. Bill by D. O. Randolph and others against J. M. Bradford and L. J. Byars for equitable redemption or statutory redemption, to dis-, affirm an attempted sale under mortgage, and to correct certain descriptions. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Circuit Court, Lawrence County; Robert 0. Brickell, Judge. Bill by D. O. Randolph and others against J. M. Bradford and L. J. Byars for equitable redemption or statutory redemption, to dis-, affirm an attempted sale under mortgage, and to correct certain descriptions. From a decree sustaining demurrers to the bill, complainants appeal. Where equitable redemption is sought, all that is necessary is to aver a readiness and willingness to pay what the court finds due. S4 Ala. 302, 4 South. 270; 114 Ala. 54, 21 South. 470. A sale without notice, as required by the terms of the…
1Opinion of the CourtThomas, J.
The bill was filed in the alternative to enforce the equitable right of redemption or to disaffirm an irregular sale under a mortgage and redeem. Wootten v. Vaughn, 202 Ala. 684, 81 South. 661.
[1-3] A complainant enforcing an equity of redemption, rather than the statutory right, is not required to tender the amount due the mortgagee, or to make the tender good by payment of the amount due into court. It is only necessary to aver his readiness, willingness, and offer to pay such amount as the court finds just and proper. Hale v. Kinnaird, 200 Ala. 596, 76 South. 954, 958; Whiteman v. Taber,…
2Cases cited40 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Dozier v. FarriorSupreme Court of Alabama · 1914
35 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
10 more not listed; retrieve them via the Exa API.