American Mortgage Co. v. Inzer
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before tbe Hon. LeEoy E. Bos. This was an action of assumpsit brought by H. J. Inzer and Yarina Inzer, as executor and executrix of tbe estate of Joseph Y. Inzer, deceased, against tbe American Mortgage Company of Scotland, Limited, to recover of said defendant an alleged surplus remaining in its bands after tbe satisfaction by foreclosure, under tbe power of sale, of a debt secured by a mortgage executed by plaintiffs’ testator.
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Appeal from St. Clair Circuit Court. Tried before tbe Hon. LeEoy E. Bos. This was an action of assumpsit brought by H. J. Inzer and Yarina Inzer, as executor and executrix of tbe estate of Joseph Y. Inzer, deceased, against tbe American Mortgage Company of Scotland, Limited, to recover of said defendant an alleged surplus remaining in its bands after tbe satisfaction by foreclosure, under tbe power of sale, of a debt secured by a mortgage executed by plaintiffs’ testator. Tbe defendant, by special plea, sought to defeat tbe action by showing an outstanding junior mortgage upon the same…
1Opinion of the CourtHead, J.
This is an action by tbe executors of a deceased mortgagor to recover from tbe mortgagee an alleged surplus of tbe proceeds of tbe sale of tbe mortgaged premises left in tbe bands of tbe defendant after full satisfaction of tbe mortgaged debt. Among others, tbe defendant interposed a special plea alleging tbat plaintiff’s testator executed a second mortgage on tbe premises to W. H. Skaggs to secure an indebtedness greater in amount tban tbe alleged surplus, wbicb mortgage is in force and creates a valid lien on tbe premises, and tbat defendant is liable to said second mortgagee for tbe…
2Cases cited5 opinions
- Huckabee v. MaySupreme Court of Alabama · 1848
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Webster & Wilson v. SingleySupreme Court of Alabama · 1875
- Cook v. FieldSupreme Court of Alabama · 1841
- Sharpe v. WhartonSupreme Court of Alabama · 1887
3Cited by12 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Lokey v. WardSupreme Court of Alabama · 1934
- O'Rear v. KimbroSupreme Court of Alabama · 1933
- Brandon v. Leeds State BankSupreme Court of Alabama · 1914
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