McCalley v. Otey
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on July 19, 1889, by Mrs. Octavia A. Otey and her children, against Charles S. McOalley and others ; and sought to have a threatened sale of land, under a power contained in a mortgage, enjoined, and to be allowed to redeem said property from under the mortgage.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on July 19, 1889, by Mrs. Octavia A. Otey and her children, against Charles S. McOalley and others ; and sought to have a threatened sale of land, under a power contained in a mortgage, enjoined, and to be allowed to redeem said property from under the mortgage. The mortgage was executed on August 6, 1876, by Mrs. Octavia A. Otey, and was given to secure the payment of money borrowed by her from a Miss Ford, who afterwards married W. J. MeCalley. Having survived her husband, Mrs.…
1Opinion of the CourtColeman, J.
When this case was here on a former appeal, (90 Ala. 302), the equity of the bill was fully sustained, and it was held that a court of equity would enjoin the execution of a power of sale, when it appeared that the mortgagee was proceeding in an improper or oppressive manner, or was perverting the power from its legitimate purpose ; as where, having refused repeated tender, he files a bill to foreclose, dismisses it without prejudice when the cause was ready for hearing, and advertises the land for sale under a power in the mortgage with the avowed, purpose of compelling the payment of…
2Cases cited5 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- McCalley v. OteySupreme Court of Alabama · 1890
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Struve v. ChildsSupreme Court of Alabama · 1879
- Curtiss v. GreenbanksSupreme Court of Vermont · 1852
3Cited by9 opinions
- Kennedy v. Boles Investments, Inc.Supreme Court of Alabama · 2010
- Manning v. CarterSupreme Court of Alabama · 1917
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Hodges v. VernerSupreme Court of Alabama · 1892
- Kinney v. PollakSupreme Court of Alabama · 1931
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