Struve v. Childs
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 20th June, 1879, by Mrs. Mary C. Struve, the wife of William F. Struve, against Mrs. Jane H. Childs; and sought to enjoin the defendant from selling a house and lot in Huntsville, which was particularly described, under a power contained in a mortgage executed to her by John M. Crowder and William P. Newman, who afterwards sold and conveyed the property,…
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 20th June, 1879, by Mrs. Mary C. Struve, the wife of William F. Struve, against Mrs. Jane H. Childs; and sought to enjoin the defendant from selling a house and lot in Huntsville, which was particularly described, under a power contained in a mortgage executed to her by John M. Crowder and William P. Newman, who afterwards sold and conveyed the property, subject _ to the mortgage, to the complainant. A temporary injunction was granted by the chancellor, on the filing of the…
1Opinion of the Court
MANNING, J. [After stating the facts as above.]
Courts of equity will sometimes interpose, to prevent an abuse of the process of a court upon a lawful judgment, or to restrain the execution of a lawful power of sale, when thereby an oppressive wrong, or fraud, is attempted to be accomplished. In respect to mortgages with power of sale, this jurisdiction is exercised with great circumspection. In Kerr on Injunctions (pp. 192-3), the doctrine in England is stated thus : “ The court has no jurisdiction to restrain a mortgagee from selling under a power of sale, provided he keep within the terms…
2Cited by15 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Gardner v. StateAlabama Court of Appeals · 1920
- Wittmeier v. TidwellSupreme Court of Alabama · 1906
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Castleman v. KnightSupreme Court of Alabama · 1927
10 more not listed; retrieve them via the Exa API.