Aiken v. Bridgeford & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. S. IL McSpadden. The bill was filed by appellee, Bridgeford & Co., a corporation, as junior mortgagee, and sought to redeem a storehouse and lot which had been sold under a power in a deed of trust senior to the mortgage; which sale took place more than two years prior to the filing of the bill. A demurrer to the bill that the junior mortgagee was not entitled to redeem was overruled by the chancellor.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. S. IL McSpadden. The bill was filed by appellee, Bridgeford & Co., a corporation, as junior mortgagee, and sought to redeem a storehouse and lot which had been sold under a power in a deed of trust senior to the mortgage; which sale took place more than two years prior to the filing of the bill. A demurrer to the bill that the junior mortgagee was not entitled to redeem was overruled by the chancellor. The overruling of this demurrer is here assigned as error. The facts as shown by the bill are as follows: One Douthit owned the…
1Opinion of the CourtSomerville, J.
In the case of Powers v. Andrews, decided at the present term, 84 Ala. 289, we held that, under our statute regulating the redemption of real estate sold under execution, decree, mortgage, or deed of trust (Code, 1886, §§ 1879-1891) an assignee or junior mortgagee of the equity of redemption of a prior mortgagor, was not entitled to exercise the statutory right of redemption, after a regular foreclosure of the mortgage under a power of sale contained in the instrument had taken place; nor after foreclosure by a court of chancery, except where such mortgagee had not been made a party to the…
2Cases cited2 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Childress v. MonetteSupreme Court of Alabama · 1875
3Cited by13 opinions
- Hampshire v. GreevesTexas Supreme Court · 1912
- Casstevens v. Smith, Texas Court of Appeals, 6th District (Texarkana)2008
- McDuffie v. FaulkSupreme Court of Alabama · 1926
- Burke v. BrewerSupreme Court of Alabama · 1901
- Vines v. WilcuttSupreme Court of Alabama · 1924
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