Legal Opinion

Malone v. Nelson

Supreme Court of Alabama

Decided April 23, 1936No. 8 Div. 649Published

1Concurrence 1

This bill is filed by the "child" of the mortgagor, whose disabilities of nonage have been removed. The mortgage was executed by the mother and father of the complainant, both of whom are still living. There is nothing in the averments of the bill showing that the complainant has any right, title, or interest in the property, actual or inchoate. The only persons having any interest in the property, so far as appears from the averments of the bill, are the mortgagor and the vendee of the purchaser at the foreclosure sale.

The right of the complainant to maintain the bill — its equity — is…

Also in this document: Concurrence · Gardner.

2Cases cited16 opinions

  1. Webb v. RitterWest Virginia Supreme Court · 1906
  2. Powers v. AndrewsSupreme Court of Alabama · 1887
  3. Allison v. CodySupreme Court of Alabama · 1921
  4. Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
  5. Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918

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