Beatty v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Titos. Cobbs. The bill in this case was filed by the appellant against the appellee; and prayed to be granted the privilege allowed him under the statute for redeeming property which had been sold under a mortgage.
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Appeal from the Chancery Court of Tuscaloosa. Heard before the Hon. Titos. Cobbs. The bill in this case was filed by the appellant against the appellee; and prayed to be granted the privilege allowed him under the statute for redeeming property which had been sold under a mortgage. The bill avers the execution of the mortgage by the complainant to the defendant; failure to pay the debt secured thereby, and the foreclosure of said mortgage, setting out the amount paid at said sale, and the purchase at said mortgage sale by the mortgagee, who is the defendant to the bill. The mortgage referred…
1Opinion of the CourtMcCLELLAN, J.
A bill to effectuate a mortgagor’s *698statutory right of redemption, which right exists, of course, only after foreclosure, is without equity unless it avers the tender which the statute requires to be made to the purchaser or his vendee. This results from the terms of the statute itself (Code, § 1881), as has been declared by this court in the .following among other cases : Paulling v. Meade, 23 Ala. 505; Spoor v. Phillips, 27 Ala. 193; Carlin v. Jones, 55 Ala. 624; Stocks v. Young, 67 Ala. 341; Lehman, Durr & Co. v. Collins, 69 Ala. 127; Pryor v. Hollinger, 88 Ala. 405, 6 So. Rep. 760; Lehman,…
2Cases cited11 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Carlin v. JonesSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Dorrough v. BarnettSupreme Court of Alabama · 1927
12 more not listed; retrieve them via the Exa API.