Childress v. Monette
Supreme Court of Alabama
Appeal from Circuit Court of Hale. Tried before Hon. M. J. Saeeold. This was a real action in tbe nature of ejectment by appellant, Childress, against Monette and Boggs, the appellees, to recover a tract of land.
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Appeal from Circuit Court of Hale. Tried before Hon. M. J. Saeeold. This was a real action in tbe nature of ejectment by appellant, Childress, against Monette and Boggs, the appellees, to recover a tract of land. Both parties deduced title from one Brown, who, to secure his accommodation acceptors and endorsers upon a bill of exchange, conveyed the lands to one Sadler, as trustee, empowering him, in default of judgment, to advertise and sell the lands, and make conveyance to the purchaser, &c. This deed was duly executed and recorded on the 17th day of September, 1866. The bill not having…
1Opinion of the CourtBrickell, C. J.
The deed of trust conveying the lands to Sadler, to secure the payment of the bill of exchange is, in its nature and legal operation, a mortgage. The legal title passed to Sadler, the trustee, leaving in the grantor, the equity of redemption only — the right to revest himself with the legal estate in paying the debt secured. This equity of redemption was not the subject of levy and sale, under execution at law prior to the Code. It is under the Code subject to execution, and the effect of a sale is expressly declared to be the subrogation of the purchaser to all thé rights of the defendant,…
2Cases cited7 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Lessee of Smith v. McCannSupreme Court of the United States · 1861
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hampshire v. GreevesTexas Supreme Court · 1912
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Whiteman v. TaberSupreme Court of Alabama · 1919
31 more not listed; retrieve them via the Exa API.