Knox v. Armistead
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 10th October, 1887, by Edward N. Knox, against William B. Armistead and ElliottS. Armistead; and sought to set aside a sale of land under a power in a mortgage, which the complainant and his wife had executed to the defendants as partners doing business under the name of W. B. Armistead & Son, and to redeem.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 10th October, 1887, by Edward N. Knox, against William B. Armistead and ElliottS. Armistead; and sought to set aside a sale of land under a power in a mortgage, which the complainant and his wife had executed to the defendants as partners doing business under the name of W. B. Armistead & Son, and to redeem. The sale under the mortgage was made on the 28th December, 1885, said E. S. Armistead becoming the pur chaser; and the complainant claimed that his equity of re .…
1Opinion of the CourtMcCLELLAN, J.
On March 20, 1885, the appellant — ■ being joined therein by his wife, Daisy Knox — executed to the appellees a mortgage on certain lands to secure them against a contingent liability, which they had assumed as accommodation acceptors for him.
The mortgage contained a power of sale and an authorization to the mortgagees to purchase at any sale that should be had thereunder, in the following words: “In the event of said sale, the said W. B. Armistead <fe Son, or either of them, their heirs, assigns, agents or attorneys are authorized and empowered to purchase said property the same in all…
2Cases cited6 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Harris v. MillerSupreme Court of Alabama · 1881
- Ezzell v. WatsonSupreme Court of Alabama · 1887
- Elliott v. . WoodNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Alexander v. HillSupreme Court of Alabama · 1889
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Drake v. RhodesSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.