Sibley v. Linton Coal Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court, Heard before Hon. A. H. Benners. Bill by W. L. Sibley against the Linton Goal Company to redeem land from mortgage foreclosure sale. There was decree for respondent, and complainant appeals.
1Opinion of the Court
MAYFIELD, J.—(1) The decree in this case must be affirmed, for the reason that it appears without dispute that complainant had no right to maintain this bill. The bill is by-a judgment creditor, to redeem lands from a sale under a decree of chancery foreclosing a deed of trust. The only asserted equity is that given by section 5752 of the Code, and its kindred sections. That is to say, the only right asserted is the statutory right given by these provisions of the Code.
In the case of Powers v. Robinson, 90 Ala. 225, 229, 8 South. 10, 11, it was ruled that: “To authorize redemption by a…
2Cases cited5 opinions
- Commercial Real Estate & Building Ass'n v. ParkerSupreme Court of Alabama · 1887
- Bass & Co. v. BensonSupreme Court of Alabama · 1908
- Francis v. SheatsSupreme Court of Alabama · 1907
- Powers v. Robinson & Co.Supreme Court of Alabama · 1890
- Henderson v. PrestwoodSupreme Court of Alabama · 1896
3Cited by5 opinions
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Livaccari v. FIDELITY & CASULATY CO. OF NEW YORKLouisiana Court of Appeal · 1960
- Bond v. OatesSupreme Court of Alabama · 1920
- Chattanooga Metal Co. v. ProctorSupreme Court of Alabama · 1933
- Commonwealth Land Title Insurance v. Poe (In Re Poe)Court of Appeals for the Eleventh Circuit · 2007