Dozier v. Farrior
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. L. D. Gardner. Bill by Hattie Farrior and others against W. B. Dozier to declare void a foreclosure under power of sale in the mortgage, to set aside the sale, and for redemption, or in the alternative for statutory redemption. Prom a decree overruling demurrers to the bill, respondent appeals.
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Appeal from Bullock Chancery Court. Heard before Hon. L. D. Gardner. Bill by Hattie Farrior and others against W. B. Dozier to declare void a foreclosure under power of sale in the mortgage, to set aside the sale, and for redemption, or in the alternative for statutory redemption. Prom a decree overruling demurrers to the bill, respondent appeals. Respondent was a stranger and purchased in strict accordance with the provision of the mortage, and hence, the equity of redemption is cut off.—Little v. Zintg, 2 Ala. 257. Complainants delayed to demand a statement and to file a bill, and thus-…
1Opinion of the Court
db GRAFFENRIED, J.
We quote the following rules which, in our opinion, govern the principal questions presented by this record:
First. “Where the parcels are so situated that they can be conveniently sold and conveyed separately, the general rule governing a sale in parcels under a decree ■and order of sale will govern a sale in a foreclosure by advertisement.”—Wiltsie on Mortgage Foreclosures, p. 900, § 796.
■Second. “It is a well-settled principle of law, irrespective of any statute, that, where a tract of mortgaged land has been laid out in parcels for saparate and distinct enjoyment, it…
2Cases cited14 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Stephens v. ClaySupreme Court of Colorado · 1892
- Alexander v. HillSupreme Court of Alabama · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Oden v. KingSupreme Court of Alabama · 1927
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
34 more not listed; retrieve them via the Exa API.