Ezzell v. Watson
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 6th May, 1884, by B. E. Garland, against E. H. Watson; and sought to set aside a sale of a tract of land by said Watson, a.t which he himself became the purchaser, and to redeem the land from the mortgage under, which the sale was made. The complainant died pending the suit, and it was thereupon revived in favor of his administrator and heirs at law.
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Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 6th May, 1884, by B. E. Garland, against E. H. Watson; and sought to set aside a sale of a tract of land by said Watson, a.t which he himself became the purchaser, and to redeem the land from the mortgage under, which the sale was made. The complainant died pending the suit, and it was thereupon revived in favor of his administrator and heirs at law. The mortgage under which the land was sold, a copy of which was made an exhibit to the bill, was dated March 20th, 1877, and…
1Opinion of the CourtSomeryille, J.
— Where the mortgagee becomes the purchaser at his own sale, under a power contained in the mortgage, the established doctrine in this State is, that such sale is not absolutely void, but only voidable at the election o£ the mortgagor, seasonably expressed. In other words, he has the optional right to affirm or disaffirm. the sale within a reasonable time. — Harris v. Miller, 71 Ala. 26; Dozier v. Miller, 65 Ala. 511; McLean v. Presley, 56 Ala. 211; Adams v. Sayre, 70 Ala. 318.
What constitutes a reasonable time, under this rule, varies usually with the peculiar circumstances o£ each…
2Cases cited6 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Harris v. MillerSupreme Court of Alabama · 1881
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Garland v. WatsonSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Alexander v. HillSupreme Court of Alabama · 1889
- Goree v. ClementsSupreme Court of Alabama · 1891
- First Nat. Bank of Opp v. WiseSupreme Court of Alabama · 1937
- Thomas v. JonesSupreme Court of Alabama · 1887
- Penny v. PennySupreme Court of Alabama · 1945
17 more not listed; retrieve them via the Exa API.