Gamble v. Caldwell
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Tried before tbe Hon. J. R. Dowdell. The appellee, Albert S. Caldwell, tbe plaintiff below sued in ejectment to recover of tbe appellant, Zadock B. Gamble, tbe possession of certain lands in Coosa county named in tbe complaint.
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Appeal from Coosa Circuit Court. Tried before tbe Hon. J. R. Dowdell. The appellee, Albert S. Caldwell, tbe plaintiff below sued in ejectment to recover of tbe appellant, Zadock B. Gamble, tbe possession of certain lands in Coosa county named in tbe complaint. Tbe plaintiff rested bis right of recovery upon a deed made to him as trustee of tbe foreign corporation, that took tbe mortgage from tbe defendant, by P. P. Walker, tbe auctioneer wbo sold under tbe mortgage at tbe foreclosure sale. Tbe defendant, wbo was said mortgagor set up as a defense that tbe mortgage was void because said…
1Opinion of the CourtMcCLELLAN, J.
It was of course competent for Gamble, tbe grantor in tbe mortgage tbrougb a sale under wbicb Caldwell, plaintiff below and appellee, bere, claims title to tbe land in question, to authorize and empower tbe auctioneer wbo should cry off tbe land in tbe execution of tbe power of sale wbicb it contained, to execute a conveyance to tbe purchaser at such sale ; tbe mortgage was a power of attorney to tbat end. It is equally clear that tbe authorization, embodied in tbe power of sale, to tbe mortgagee to become tbe purchaser at any sale thereunder, rendered tbe purchase by, and conveyance to…
2Cases cited2 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Knox v. ArmisteadSupreme Court of Alabama · 1888
3Cited by11 opinions
- Hardison v. PlummerSupreme Court of Alabama · 1907
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Drake v. RhodesSupreme Court of Alabama · 1908
- Kindred v. New England Mortgage Security Co.Supreme Court of Alabama · 1896
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