Lehman, Durr & Co. v. Moore
Supreme Court of Alabama
Rill in Equity for Redemption of Lands sold wider Mortgage. Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tnos. M. Arrington. The bill in this case was filed on the 6th June, 1890, by John W. Moore, against R J. Chambers, Wm.
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Rill in Equity for Redemption of Lands sold wider Mortgage. Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tnos. M. Arrington. The bill in this case was filed on the 6th June, 1890, by John W. Moore, against R J. Chambers, Wm. L. Chambers, O. O. Nelson, and Lehman, Durr & Co., a mercantile partnership doing business in the city of Montgomery; and sought to redeem certain real estate in Montgomery, which had been sold under a power contained in a mortgage executed by complainant and said R J. Chambers, who were at the time engaged in business in Montgomery under the…
1Opinion of the CourtMcOLELLAN, J.
— The mortgage, from a sale under which the present bill seeks to assert the statutory right of redemption, was executed January 1, 1888. Under then existing statutes — Code, §§ 1879-91 — it was the settled doctrine of this court, that the right could not be exercised by, or rather did not exist in favor of, an assignee or grantee of the equity of redemption. — Powers v. Andrews, 84 Ala. 289; Aiken v. Bridgeford, Ib. 295; Commercial Association v. Parker, Ib. 298. And the right as then defined, by the statute and this judicial construction of it, could not be enlarged, or extended to persons…
2Cases cited10 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- Howard v. BugbeeSupreme Court of the United States · 1861
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
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- Hale v. KinnairdSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Savage v. BradleySupreme Court of Alabama · 1907
- Wood v. WoodSupreme Court of Alabama · 1901
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