Chandler v. Kyle
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. William Chandler as a junior mortgagee filed his bill against T. S. Kyle and others, senior mortgagee to enjoin foreclosure, and to marshal securities. The court sustained a demurrer to the bill and complainant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. William Chandler as a junior mortgagee filed his bill against T. S. Kyle and others, senior mortgagee to enjoin foreclosure, and to marshal securities. The court sustained a demurrer to the bill and complainant appeals. If one joint mortgagor in order to protect his interest pays a joint debt he is subrogated to the interest of the joint mortgagor until he'is paid. — Newt old v; Smart, 67 Ala. 326; 1 Jones on Mortgages, 878. After the debt has become due a surety may file a bill to compel the principal to pay it, and after…
1Opinion of the CourtSomerville, J.
The bill was filed by a junior mortgagee against a senior mortgagee for the purpose of marshaling securities, and a temporary injunction was issued forbidding the respondent from proceeding with the foreclosure of his mortgage as to the mortgagor’s homestead, which was a part of the security in each of the mortgages. The main prayer of the bill is that the respondent be required to first sell a certain livery stable lot, a part of his security and not included in complainant’s mortgage, before resorting to the property common to both mortgages.
Demurrers to the bill on various grounds filed by…
2Cases cited4 opinions
- Bramlett v. KyleSupreme Court of Alabama · 1910
- Gearhart v. JordanSupreme Court of Pennsylvania · 1849
- Robinson v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Neff v. MillerSupreme Court of Pennsylvania · 1848
3Cited by3 opinions
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- Dionne v. First Alabama Bank (In Re XYZ Options, Inc.)United States Bankruptcy Court, N.D. Alabama · 1998
- Harper v. TateSupreme Court of Alabama · 1938