McCall v. Mash
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show (except by a recital in the decree that it was filed “in October, 1888”), by Laura A McCall, against Nathan Mash and others; and sought to set aside a sale of certain lands under a mortgage, at which said Mash, the mortgagee, became himself the purchaser, and for an account and redemption.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show (except by a recital in the decree that it was filed “in October, 1888”), by Laura A McCall, against Nathan Mash and others; and sought to set aside a sale of certain lands under a mortgage, at which said Mash, the mortgagee, became himself the purchaser, and for an account and redemption. The mortgage was executed by S. P. McCall and his wife; was dated the 8th May, 1886, and given to secure the payment of a note for $333.33, which was due and…
1Opinion of the CourtClopton, J.
While the equity of redemption constitutes the beneficial estate of the mortgagor in the land subject to the incumbrance, and, being regarded a valuable right and property, may be conveyed in the same manner as the land itself, clothing the grantee with the right to discharge the incumbrance, so that the estate may be rendered valuable and beneficial; yet, in order to be the proper subject of conveyance, it must be a subsisting estate and interest, and the right of redemption must be exercised while the mortgage is redeemable, before a foreclosure by decree of the court, or by- sale under…
2Cases cited5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Childress v. MonetteSupreme Court of Alabama · 1875
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- Thomas v. JonesSupreme Court of Alabama · 1887
- Downs v. Hopkins, Allen & Co.Supreme Court of Alabama · 1880
3Cited by10 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Houston v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1902
- Delray Incorporated v. ReddickSupreme Court of Georgia · 1942
- Pitts v. American F. L. Marketing Co.Supreme Court of Alabama · 1908
- Diefenbach v. VaughanSupreme Court of Alabama · 1896
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