Sanders v. Askew
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before Hon. Thomas Cobbs. The original bill in tliis case was filed on the 14th November, 1883, by Joseph IT. Sanders, against Samuel IT. and W. S. Askew, brothers engaged in the mercantile business as partners ; and sought to set aside a sale of certain lands under a mortgage executed by the complainant to the defendants, at which they became the purchasers, and for an account and redemption.
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Appeal from the Chancery Court of Marengo. Heard before Hon. Thomas Cobbs. The original bill in tliis case was filed on the 14th November, 1883, by Joseph IT. Sanders, against Samuel IT. and W. S. Askew, brothers engaged in the mercantile business as partners ; and sought to set aside a sale of certain lands under a mortgage executed by the complainant to the defendants, at which they became the purchasers, and for an account and redemption. The mortgage was dated March 31st, 1871, and was signed by complainant and his wife. It purported to be given to secure the payment of complainant’s…
1Opinion of the Court
STONE, O. J.
The mortgage in this case was executed in 1871. Taking the averments of the amended bill most strongly against the pleader, they must be interpreted as an admission by Sanders that Askew Brothers sold the land under the mortgage, January 1st, 1874, and became purchasers at their own sale. They immediately took possession, and have held possession ever since. It is averred in the bill that, on two or three occasions, after January, 1874, one of the Askew brothers admitted that the account growing out of the mortgage was unsettled, and expressed a willingness to have the account…
2Cases cited5 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Childress v. MonetteSupreme Court of Alabama · 1875
- Harris v. MillerSupreme Court of Alabama · 1881
- Wood v. LakeSupreme Court of Alabama · 1878
- Robinson v. Cullom & Co.Supreme Court of Alabama · 1868
3Cited by11 opinions
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Campbell v. Bank of America, N.A.Court of Civil Appeals of Alabama · 2012
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Askew v. SandersSupreme Court of Alabama · 1887
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