Thompson v. Campbell
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Felder. The appellee, Campbell, filed his bill to foreclose a mortgage on a certain house and lot, made to him by Mrs. Ann A. Smoot. Mrs. Smoot having failed to answer, a deoree pro confesso was taken against her, and, on final hearing, the chancellor decreed a foreclosure of the mortgage and a sale of the property.
Read the full summary
Appeal from Chancery Court of Mobile. Heard before Hon. Adam C. Felder. The appellee, Campbell, filed his bill to foreclose a mortgage on a certain house and lot, made to him by Mrs. Ann A. Smoot. Mrs. Smoot having failed to answer, a deoree pro confesso was taken against her, and, on final hearing, the chancellor decreed a foreclosure of the mortgage and a sale of the property. Campbell became the purchaser at the foreclosure sale, and then moved the Chancery Court for a writ of possession. Thereupon, Mrs. E. Louise Thompson filed her petition, alleging that she, and not the mortgagor, was…
1Opinion of the CourtStone, J.
At the June term, 1875, a motion was made to dismiss the appeal in this case. It was then held that *186“ when, at the instance of the purchaser at a sale of mortgaged property, under a decree of foreclosure, a writ of possession has issued against a stranger in possession, he may appeal from such order; but the appeal must be prosecuted against the purchaser alone.” In this case, Colin J„ Campbell was the purchaser at the mortgage sale, and he was the mover for the writ of possession. Before the motion was made for such writ, Mrs. Thompson, the appellant, had filed her petition in said cause,…
2Cases cited26 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Hooper v. YongeSupreme Court of Alabama · 1881
- Trotter v. BrownSupreme Court of Alabama · 1936
11 more not listed; retrieve them via the Exa API.