Dixon v. Hayes
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. B. Dixon as a purchaser at a foreclosure sale against Jane Hayes and another, to redeem from first mortgage. From a decree dismissing bill and cross bill complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. B. Dixon as a purchaser at a foreclosure sale against Jane Hayes and another, to redeem from first mortgage. From a decree dismissing bill and cross bill complainant appeals. In the eyes of the law7 Jane Hayes and her grantee are not injured if they got the mortgage money wdth interest, and Kennedy is not hurt as the proceedings cannot effect any shadow of right in him, as he parted wdth his equity in 1887, wdiich was foreclosed in 1888. Complainant has such an equitable title as wdll support the bill in this…
1Opinion of the CourtMcCLELLAN, J.
The bill seeks redemption from a prior, unforeclosed mortgage, and is exhibited by Dixon whose assertion of right to redeem rests upon his averred succession to the right (equity) passing to the purchaser at the foreclosure sale under the power of a second mortgage. The first mortgage, from which redemption is sought, appeal’s to have been executed June 27,1887. The second mortgage, to the foreclosure of which, by sale under the power, complainant would trace his rights in the *500premises, appears to have been executed July 9,1887. The law day of the latter (second) mortgage was January 9, 1888.…
2Cases cited7 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Richter v. NollSupreme Court of Alabama · 1900
- Burroughs v. BurroughsSupreme Court of Alabama · 1909
- Love v. ButlerSupreme Court of Alabama · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woods v. SandersSupreme Court of Alabama · 1946
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Staples v. BarretSupreme Court of Alabama · 1926
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- Barnett v. WaddellSupreme Court of Alabama · 1946
10 more not listed; retrieve them via the Exa API.