Cooper v. Hornsby
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. Chaeles TukNer. The bill in this cause was filed on 24th August, 1875, by John Cooper against Elizabeth Hornsby and others, the widow and heirs at law of Leonard A. Hornsby, deceased, seeking to redeem certain lands which were sold under a power contained in a mortgage executed by Cooper to the said Leonard A. Hornsby, deceased.
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Appeal from Elmore Chancery Court. Heard before Hon. Chaeles TukNer. The bill in this cause was filed on 24th August, 1875, by John Cooper against Elizabeth Hornsby and others, the widow and heirs at law of Leonard A. Hornsby, deceased, seeking to redeem certain lands which were sold under a power contained in a mortgage executed by Cooper to the said Leonard A. Hornsby, deceased. It appears from the record, that on 28th November, 1870, John Cooper, being indebted to Leonard A. Hornsby, executed to him a mortgage on the lands sought to be redeemed with a power of sale, to seciire such…
1Opinion of the CourtSomerville, J.
Where a bill to redeem is filed by a. mortgagor, the time within which it should be filed depends upon the character of the particular case.
Where there has been no sale or foreclosure by the mortgagee, the suit may generally be commenced at any time within which a statutory bar would not accrue, which, ‘in cases of real estate, is ten years.—Coyle v. Wilkins, 57 Ala. 108.
Where the mortgagee has made a sale under a power contained in the mortgage, and has become the purchaser at his. own sale, a bill to set aside the sale and redeem may be filed within a reasonable time, to be determined by…
2Cases cited9 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Graham v. NewmanSupreme Court of Alabama · 1852
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Patterson v. WareSupreme Court of Alabama · 1846
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3Cited by36 opinions
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- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Comer v. SheehanSupreme Court of Alabama · 1883
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
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