Wood v. Vogel
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Bill by Bertram J. Vogel against Harriet E. Wood to redeem property from vendor’s foreclosure sale. From a decree overruling demurrers to the bill, respondent appeals.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Bill by Bertram J. Vogel against Harriet E. Wood to redeem property from vendor’s foreclosure sale. From a decree overruling demurrers to the bill, respondent appeals. The bill shows that Vogel owed a- balance of $2,000 on real estate secured by a vendor’s lien with a power of sale for its collection, j The debt fell due prior to November 27, 1916, on which' date the property was sold'under the power by the lienholder, and was purchased by a third party, through whom by mesne conveyances it passed to the respondent, Mrs. Wood,…
1Opinion of the CourtSomerville, J.
[1] The theory of complainant’s bill is that, although his normal period for redemption under Alabama laws expired on November 27, 1918, yet, under the provisions of the Soldiers’ and Sailors’ Civil Relief Act of March 8, 1918 (U. S. Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3078%a ■et seq.), the normal period was extended beyond the date of his proffered redemption, to wit, August 4, 1919, by the elimination from •that period of the term of his military service, viz. from March 8, 1918, to May 19,1919.
The demurrer challenges the applicability •of the act to a statutory redemption from a…
2Cases cited7 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Jefferson County Savings Bank v. Ben F. Barbour P. & E. Co.Supreme Court of Alabama · 1915
- Posey v. PressleySupreme Court of Alabama · 1877
- Lewis v. McBrideSupreme Court of Alabama · 1912
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