Stephenson v. Harris
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Richard L. Stephenson against C. C. Harris, and others, to set aside certain sales of land made at’ the instance of Harris under mortgage and execution on foreclosure. From a judgment for respondent plaintiff appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by Richard L. Stephenson against C. C. Harris, and others, to set aside certain sales of land made at’ the instance of Harris under mortgage and execution on foreclosure. From a judgment for respondent plaintiff appeals. A contract entered into by a mortgagor waiving or agreeing not to exercise the right of redemption in the event of default will be set aside as oppressive to the debtor and offensive to the established maxim of equity, “Once a mortgage, always a mortgage.” — Parmer v. Parmer, 74 Ala. 288. When the…
1Opinion of the CourtDenson, J.
— This bill Avas filed by Richard L. Stephenson against C. C. Harris and Charles H. Austin to have set aside a sale of certain lands made by the register in chancery on the 23d day of February, 1897, under a decree of the chancery court of Morgan county, ordering a foreclosure of a mortgage executed by the complainant in this bill; also a sale of a part of the lands made by the sheriff May 28, 1903, under an execution issued out of the chancery court on said decree, and a sale of the Avhole of said lands made by the sheriff on the 23d day of November, 1903, under another execution issued on…
2Cases cited9 opinions
- Goree v. ClementsSupreme Court of Alabama · 1891
- Ezzell v. WatsonSupreme Court of Alabama · 1887
- Spotswood v. BentleySupreme Court of Alabama · 1902
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- Ponder v. CheevesSupreme Court of Alabama · 1890
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3Cited by5 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Randolph v. VailsSupreme Court of Alabama · 1912
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Farrow v. Sturdivant BankSupreme Court of Alabama · 1913
- W. T. Smith Lumber Co. v. BarnesSupreme Court of Alabama · 1953