Boutwell v. Steiner
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard, before Hon. Thos. W. Coleman. The bill was filed by appellee, and mortgagee, Steiner against Burt Boutwell and wife, to foreclose mortgage on dands. The mortgage was executed by John F. Hinson, January 9, 1873, and was duly recorded.
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Appeal from Butler Chancery Court. Heard, before Hon. Thos. W. Coleman. The bill was filed by appellee, and mortgagee, Steiner against Burt Boutwell and wife, to foreclose mortgage on dands. The mortgage was executed by John F. Hinson, January 9, 1873, and was duly recorded. In June, 1873, Elizabeth Hinson filed her bill against her husband, John F. Hinson, setting up that the land (mortgaged to Steiner) was purchased with her money; and in October, 1873, according to the prayer of her bill, the chancellor decreed that the title to said land be divested out of John F. Hinson and vest, in her,…
1Opinion of the CourtSomeryille, J.
1. The mortgagor, Hinson, having unconditionally sold and conveyed to the appellant Boutwell his entire interest in the land, being a mere equity of redemption, he was not a necessary party to the present suit, the purpose of which is to foreclose the mortgage lien. His assignee only need be made a party defendant. — Batre v. Auze, 5 Ala. 173; Wilkinson v. May, 69 Ala. 33; Barbour on Parties, 463; Story’s Eq. Pl. § 197.
2. The mortgage having been recorded in the proper county before Boutwell purchased the land, he was charged with a knowledge of the lien created by it. His possession under…
2Cases cited7 opinions
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Garland v. WatsonSupreme Court of Alabama · 1883
- Smith v. GillamSupreme Court of Alabama · 1885
- State v. ConnerSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- First Nat. Bank v. BonnerSupreme Court of Alabama · 1943
- Wood v. BarnettSupreme Court of Alabama · 1922
- Batson v. EtheridgeSupreme Court of Alabama · 1940
- Becker v. HopperWyoming Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.