Bass & Co. v. Benson
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. Heard before Hon. L. D. Gardner. Bill by Bass & Co., as judgment creditors of A. H. Benson, against A. H. Benson and others, to redeem lands sold under mortgage belonging to A. H. Benson. Prom a decree for respondent, complainants appeal. The case as made by the pleadings and proof is that Bass & Company recovered a judgment for a given amount in the circuit court of Conecuh county against A. H. Benson.
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Appeal from Conecuh Chancery Court. Heard before Hon. L. D. Gardner. Bill by Bass & Co., as judgment creditors of A. H. Benson, against A. H. Benson and others, to redeem lands sold under mortgage belonging to A. H. Benson. Prom a decree for respondent, complainants appeal. The case as made by the pleadings and proof is that Bass & Company recovered a judgment for a given amount in the circuit court of Conecuh county against A. H. Benson. That A. H. Benson had given the mortgage to one Savage, who foreclosed the same under the power thereof, and that W. H. Benson became the purchaser at and…
1Opinion of the CourtDowdell, J.
The sole question presented by the record in this case is whether or not a judgment creditor may redeem under the statute (section 3510 of the Code of 1896j from a purchaser at a mortgage foreclosure sale of the judgment debtor’s homestead.
*308That the debtor’s homestead, within the area and value named in the statute, is not subject to levy and sale on execution for a simple contract debt, cannot be questioned. On the principle laid down in Powers v. Robinson & Co., 90 Ala. 225, 8 South. 10, we can see no escape from the conclusion that the right of redemption under the statute is not given to a…
2Cases cited1 opinion
- Powers v. Robinson & Co.Supreme Court of Alabama · 1890
3Cited by13 opinions
- Ross v. StateCourt of Criminal Appeals of Alabama · 1988
- Ex Parte State Ex Rel. KnightSupreme Court of Alabama · 1934
- State ex rel. Attorney General v. SpeakeSupreme Court of Alabama · 1914
- Ex Parte ThomasSupreme Court of Alabama · 1960
- Smith v. StateCourt of Criminal Appeals of Alabama · 1992
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