Murphree v. Summerlin
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. Jeke N. Williams. The bill in this case was filed on November 16, 1895, by the appellee, John Summerlin, against the appellant, Joel D. Murphree.
Read the full summary
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. Jeke N. Williams. The bill in this case was filed on November 16, 1895, by the appellee, John Summerlin, against the appellant, Joel D. Murphree. It was averred in the bill that' the complainant and his wife had executed to the respondent a mortgage conveying certain lands, to secure the payment of a note ; that this mortgage was duly foreclosed by Murphree by a decree of the chancery court, and that on November 6, 1893, the register sold the said lands under a decree of foreclosure, and Murphree became the purchaser thereof…
1Opinion of the Court
COLEMAN, J. —
The bill was filed to enforce the stat-’ utory right of redemption of lands, which had been sold under a foreclosure decree of the chancery court, and purchased by appellant. The equitable right of a mortgagor to redeem the mortgaged lands, a right which remains vested in him until divested by foreclosure, is different from the statutory right to redeem, which arises only after foreclosure. When a bill is filed to enforce the equitable right of redemption, an averment of a prior tender is not necessary to the equity of the bill. If the complainant offers to pay all that might be…
2Cases cited4 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Beatty v. BrownSupreme Court of Alabama · 1893
- McCalley v. OteySupreme Court of Alabama · 1890
- Beebe v. BuxtonSupreme Court of Alabama · 1892
3Cited by13 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Williams v. NolandSupreme Court of Alabama · 1920
- Goodwin v. DonohueSupreme Court of Alabama · 1934
8 more not listed; retrieve them via the Exa API.