Hawkins v. Snellings

53 So.2d 552 (1951)

HAWKINS

v.

SNELLINGS.

4 Div. 605.

Supreme Court of Alabama.

March 22, 1951.

As Modified on Denial of Rehearing June 28, 1951.

Patterson & Patterson, of Phenix City, for appellant.

W. R. Belcher and Smith & Smith, all of Phenix City, for appellee.

BROWN, Justice.

It is well settled law that a "mortgagor in possession may without previous tender file bill to protect and enforce equity of redemption" and that a "mortgagee cannot, pending mortgagor's bill to protect equity of redemption, impair mortgagor's right to redeem." Ezzell v. First Nat. Bank of Russellville, 218 Ala. 462, 119 So.…