Hutchison v. Flowers
Supreme Court of Alabama
Apppeal from Coffee Chancery Court. Heard before Hon. L. D. Gardner. Bill by Eula Flowers against D. C. Hutchison and others to redeem land from a mortgage foreclosure sale. From a decree ordering redemption, respondents appeal.
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Apppeal from Coffee Chancery Court. Heard before Hon. L. D. Gardner. Bill by Eula Flowers against D. C. Hutchison and others to redeem land from a mortgage foreclosure sale. From a decree ordering redemption, respondents appeal. The bill was filed within the statutory period, and offers to do equity by paying the amount found due, with interest, that request had been made to ascertain the amount necessary to redeem, and the refusal to furnish it, and her inability otherwise to ascertain the amount necessary for a tender; but it is alleged that the mortgage contained usury, and that the same…
1Opinion of the CourtDowdell, C. J.
The bill as amended, under the agreement of the parties, is confessedly one for statutory redemption of land sold under a mortgage. The real, and practically the only, question is whether or not the purchaser at the mortgage sale made a written demand for possession of the land on the mortgagor, the party in possession.
After a careful consideration of the evidence, Ave concur in the finding-of the fact by the chancellor that the AA’riting, which was read by one Talbot, as the agent of the purchaser, to the complainant, purporting to he -a demand for possession, Avas not delivered to the…
2Cited by8 opinions
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
- In Re ParksUnited States Bankruptcy Court, N.D. Alabama · 1995
- Cox v. JunkinsSupreme Court of Alabama · 1983
- Connecticut General Life Ins. v. WeldonDistrict Court, M.D. Alabama · 1917
- Gooden v. BonnerSupreme Court of Alabama · 1974
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