Jackson v. Prestwood

ANDERSON, O. J.

The original bill was by the mortgagor to enjoin a sale of the property under the mortgage, sought an accounting and the payment of the mortgage debt. Respondent answered and sought by cross-bill affirmative relief; that is, the foreclosure of the mortgage. A cross-bill, or answer in the nature of a cross-bill, was essential to a foreclosure and which could not he decreed without same. Bedell v. New Eng. Mtg. Secty. Co., 91 Ala. 325, 8 South. 494; Ketchum v. Creagh, 53 Ala. 224; Davis v. Cook, 65 Ala. 617.

The fact that a mortgage contains a power of sale does not deprive an…