Drake v. Rhodes
Supreme Court of Alabama
Bill to Cancel Mortgage, and for a Redemption. Appeal from Conecuh Chancery Court. Heard before Hon. W. L. Parks. Bill by A. P. J. Drake and others against R. M. Rhodes, for the cancellation of a mortgage and for a redemption or to declare the attempted foreclosure of the mortgage invalid. From a decree dismissing the bill complainants appeal.
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Bill to Cancel Mortgage, and for a Redemption. Appeal from Conecuh Chancery Court. Heard before Hon. W. L. Parks. Bill by A. P. J. Drake and others against R. M. Rhodes, for the cancellation of a mortgage and for a redemption or to declare the attempted foreclosure of the mortgage invalid. From a decree dismissing the bill complainants appeal. A valid foreclosure cannot be made under the powers of a mortgage where such sale rests wholly in parol. — Jackson v. Scott, 67 Ala. 99. If notice of the foreclosure sale was not given as stipulated in the mortgage (2 Jones on Mortgage, secs. 1823 and…
1Opinion of the CourtDenson, J.
Complainants seek the cancellation oí a mortgage and to redeem certain lands which were mortgaged to secure an indebtedness due from them to the respondent (mortgagee). The bill does not seek relief under the statutory right of redemption, but proceeds entirely upon the theory that there has been no valid foreclosure of the mortgage. The mortgage was executed on the 21st day of January, 1893, and was due October 1, 1893. It confers on the mortgagee, upon default in the payment of the debt secured at the time stipulated, the power to sell the land before the warehouse door in Georgiana, “after…
2Cases cited11 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Durden v. WhetstoneSupreme Court of Alabama · 1890
- Gamble v. CaldwellSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Jones v. MeriwetherSupreme Court of Alabama · 1919
- Perry v. Federal National Mortgage Ass'nCourt of Civil Appeals of Alabama · 2012
- Petring v. KuhsSupreme Court of Missouri · 1943
- Cottrell v. United States (In Re Cottrell)District Court, M.D. Alabama · 1997
6 more not listed; retrieve them via the Exa API.