Jones v. Matkin
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Tried before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Ada S. Jones, against William Blount Matkin, Elizabeth G. Matkin, Percy D. Matkin and J. H. McAnnelly & C. McAnnelly.
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Appeal from the Chancery Court of Madison. Tried before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Ada S. Jones, against William Blount Matkin, Elizabeth G. Matkin, Percy D. Matkin and J. H. McAnnelly & C. McAnnelly. The facts as shown by the averments of the bill were as follows: Mrs. Margaret A. Matldn, who was the owner of the land in question, on the 29th of February, 1888, for the purpose of securing a note that day given by her to Isham G-. Fennell for borrowed money, executed to him a mortgage on said lands, with power of sale therein, on default in…
1Opinion of the CourtHaralson, J.
It is manifest from the statement of the facts of this case, that the bill ivas not filed for the purpose of redeeming under the statute, nor to redeem under the general principles of equity,, by dis-affirming the foreclosure of the mortgage, because the representative of the mortgagee purchased at his own sale. Its allegations and prayer are not sufficient on either of these theories. The bill is filed on another and different theory. Indeed, it recognizes the validity of the foreclosure, and does not seek to set it aside.
In Lehman, Durr & Co. v. Moore, 93 Ala. 186, the court held, in…
2Cases cited5 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Holden v. Rison & Co.Supreme Court of Alabama · 1884
3Cited by21 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Gilb v. O'NeillSupreme Court of Alabama · 1932
- Wood v. WoodSupreme Court of Alabama · 1901
- Markstein v. SchilleciSupreme Court of Alabama · 1952
- Cowley v. ShieldsSupreme Court of Alabama · 1912
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