Branch Bank at Mobile v. Furness
Supreme Court of Alabama
Writ of Error to the Court bf Chancery for the eleventh Chancery District. The case made by the bill’ is this : In December, 1842, the complainant obtained a decree against one Wyman for the foreclosure of a certain mortgage, and the sale of the mortgaged premises.
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Writ of Error to the Court bf Chancery for the eleventh Chancery District. The case made by the bill’ is this : In December, 1842, the complainant obtained a decree against one Wyman for the foreclosure of a certain mortgage, and the sale of the mortgaged premises. Under this decree, the premises were sold, and purchased by Furness for $2525. Afterwards, on the 20th October, 18,43, a tender was made to him oil behalf of the bank, of the sum thus paid, together with interest thereon at the rate of 10 per cent, per annum, besides all costs, charges and expenses incurred by Furness, and at the…
1Opinion of the CourtGoldthwaite, J.
One view is entirely decisive of *369this cause, without entering upon the question decided by the chancellor, or those which are supposed to be presented by the bill and proofs in addition to it. It does not appear from any allegation in the bill, that the complainant has ever reduced the demand against Wymañ to judgment, and having recently held, in the cas<^ of Thomason v. Scales, supra, that none but a judgment creditor is entitled to redeem under the statute, the bill fails on that ground. The circumstance that the complainant has prosecuted his.mortgage to a foreclosure, does not place him…
2Cited by2 opinions
- Posey v. PressleySupreme Court of Alabama · 1877
- Jones v. BurdenSupreme Court of Alabama · 1852