Bank of New Brockton v. Dunnavant
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by J. J. Dunnavant against the Bank of New Brockton to redeem from foreclosure. From a decree overruling the demurrers to the bill, respondent appeals.
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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by J. J. Dunnavant against the Bank of New Brockton to redeem from foreclosure. From a decree overruling the demurrers to the bill, respondent appeals. The bill seeks to set aside a foreclosure sale under the power contained in the mortgage, to cancel the foreclosure deed as a cloud on his title, to ascertain, by an accounting the amount of the mortgage debt after elimination of usury and other illegal charges, and for redemption by the mortgagor, who files the bill. The amended bill shows the following material facts:…
1Opinion of the CourtSomerville, J.
The allegations of the bill present two distinct theories upon which the right of redemption is grounded; (1) That the foreclosure sale under the power is voidable at the instance of the mortgagee because the two farms, which are separate and distinct in location, equipment, and use, were sold en masse, which was highly disadvantageous and injurious to the mortgagor; that the mortgagee was the only bidder; and that the price of $5,517.45, which was bid and paid for the entire property, was grossly disproportionate to its real value, which was not less than $20,000; and (2) that, though the…
2Cases cited19 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Cooper v. HornsbySupreme Court of Alabama · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Oden v. KingSupreme Court of Alabama · 1927
- Wood v. EstesSupreme Court of Alabama · 1932
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
36 more not listed; retrieve them via the Exa API.