Legal Opinion
Pattillo v. Tucker
Supreme Court of Alabama
Decided October 20, 1927No. 8 Div. 923PublishedCited by 19 opinions
1Opinion of the CourtAnderson, C. J.
The trial court prepared an able and elaborate opinion in this case which is, in the main, correct and which has been .quite helpful to us in the consideration of this appeal.
The appellant insists that there was a valid foreclospre of the mortgage under the power of sale. As assignee of the mortgage he had the right to foreclose (Clark v. House, 205 Ala. 195, 87 So. 593), but he cannot do this to the prejudice of the mortgagor after a bill is filed to redeem. “A mortgagee or assignee cannot, after bill filed by the mortgagor to redeem, proceed to foreclose under the powers, and thus cut off…
2Cases cited10 opinions
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Johnson v. SmithSupreme Court of Alabama · 1914
- Jones v. MooreSupreme Court of Alabama · 1924
- Harris v. HarrisSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Western Grain Company CasesSupreme Court of Alabama · 1955
- Ivey v. Dixon Investment CompanySupreme Court of Alabama · 1969
- Union Oil Company of California v. CraneSupreme Court of Alabama · 1972
- Union Oil Co. of Cal. v. ColglazierSupreme Court of Alabama · 1978
- McDermott v. HalliburtonSupreme Court of Alabama · 1929
14 more not listed; retrieve them via the Exa API.