Grace v. Montgomery
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Bill by M. B. Grace against W. H. Montgomery to redeem land or foreclose a second mortgage on the land. From a decree sustaining demurrers to the bill and also sustaining pleas 1 and 2, the complainant appeals.
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Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Bill by M. B. Grace against W. H. Montgomery to redeem land or foreclose a second mortgage on the land. From a decree sustaining demurrers to the bill and also sustaining pleas 1 and 2, the complainant appeals. The facts seem to be that on August 12, 1915, W. H. Montgomery arid wife executed a mortgage on certain lands in Clay county to W. A. Worthy and I. G. Lynch to secure an alleged indebtedness of $1,100 payable January 1, 1916, and this mortgage was duly recorded. On August 3, 1916, the same parties executed a mortgage…
1Opinion of the CourtAnderson, C. J.
[1] A junior mortgagee has no separate or independent equity to compel the foreclosure of a senior mortgage. Lehman v. Gunn, 124 Ala. 213, 27 South. 475, 51 L. R. A. 112, 82 Am. St. Rep. 159; Ware v. Hamilton Shoe Co., 92 Ala. 145, 9 South. 136; Kelly v. Longshore, 78 Ala. 203. The case of Davis v. Cook, 65 Ala. 617, has been, in effect, overruled on this point by the cases supra.
[2] But when the bill seeks an accounting and discovery and the ascertainment of the amount due on the mortgage to the end that the obstacle that it presented to the foreclosure of the second mortgage might be…
2Cases cited8 opinions
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Stoutz v. RouseSupreme Court of Alabama · 1887
- Davis v. CookSupreme Court of Alabama · 1880
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Lehman v. GunnSupreme Court of Alabama · 1899
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3Cited by4 opinions
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- Grace v. MontgomerySupreme Court of Alabama · 1923
- Morgan Plan Company v. BruceSupreme Court of Alabama · 1955
- Allen v. EvansSupreme Court of Alabama · 1925