Lewis v. McBride
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. L. D. Gardner. Bill by May Lewis against J. J. McBride and others, to redeem land from a sale under the powers in the mortgage. Decree for respondents and complainants ■appeal.
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Appeal from Butler Chancery Court. Heard before Hon. L. D. Gardner. Bill by May Lewis against J. J. McBride and others, to redeem land from a sale under the powers in the mortgage. Decree for respondents and complainants ■appeal. Proper procedure to redeem was had under section 5784, Code 1907. — Lehman Durr & Co. v. Collins, 69 Ala. 131. Brown stated that he would not furnish the items of' lawful charges, and it is therefore shown that it would have been a useless requirement to make any further demand. — Francis v. White, 142 Ala. 601; 28 A. & E. Enc. of Law, p. 5. It follows, therefore,…
1Opinion of the CourtSimpson, J.
This is a bill by the appellant, seeking to redeem land that had been sold by virtue of a *136power of sale in a mortgage. The mortgage was made by George Lewis to Powell, Hamilton & Lane. The respondent J. J. McBride purchased at the mortgage sale and afterward sold the property to the other respondent T. B. Brown. After the sale under the mortgage, said George Lewis executed a paper in words as follows, to wit: “I * * * grant, bargain, sell, transfer, set over and assign, and do by these presents, grant, bargain, sell, convey, transfer, set over and assign to Mae Lewis all of my right, title…
2Cases cited1 opinion
- Francis v. WhiteSupreme Court of Alabama · 1904
3Cited by22 opinions
- Dominex, Inc. v. KeySupreme Court of Alabama · 1984
- Ivy v. HoodSupreme Court of Alabama · 1918
- Hoyd v. Citizens Bank of Albany Co.Court of Appeals for the Sixth Circuit · 1937
- Upchurch v. WestSupreme Court of Alabama · 1937
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1922
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