Red Mountain Mining Co. v. Jefferson County Savings Bank
Supreme Court of Alabama
Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Jefferson. . The facts in the case are sufficiently stated in the opinion. 1. The appellants having abandoned the first appeal and consented to an affirmance in the Supreme Court, will not be heard now to complain of the decree they appealed from.
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Bill in Equity to Foreclose Mortgage. Appeal from the Chancery Court of Jefferson. . The facts in the case are sufficiently stated in the opinion. 1. The appellants having abandoned the first appeal and consented to an affirmance in the Supreme Court, will not be heard now to complain of the decree they appealed from. There can be no question of the right of complainants to discharge the incumbrance caused by taxes or tax sale on the property and charge the same against the morgagor. — Cowley v. Shelby, 71 Ala. 122. The inclusion of the amount paid as taxes in the decree, is sustained by…
1Opinion of the CourtColeman, J.
The appellees filed their bill to foreclose a mortgage executed by the appellant upon certain real property. After the execution of the mortgage, the mortgagor permitted the property to be sold for taxes. In addition to the prayer for a foreclosure of the mortgage to satisfy the debt secured thereby, the complainants also prayed that the land be subjected to the payment of the *631amount paid by them to redeem the lands from the purchaser at the tax sale. The respondent demurred to the bill generally, and specially to that feature of the bill which prayed for relief on account of the money paid…
2Cases cited3 opinions
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
- Grigg v. BanksSupreme Court of Alabama · 1877
- Cowley v. ShelbySupreme Court of Alabama · 1881
3Cited by3 opinions
- Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
- Malone v. NelsonSupreme Court of Alabama · 1936
- Farmer v. HillSupreme Court of Alabama · 1941