Wells v. American Mortgage Co.
Supreme Court of Alabama
Aiteal from the Chancery Court of Shelby. Heard before the I-Ion. J. R. Dowdell. On November 23, 1887, the appellee, the American Mortgage Company of Scotland, filed a bill in the chancery court of Shelby county, asking for the foreclosure of a certain mortgage executed by Sarah-Wells, deceased, to the complainant mortgage company, to which said suit H. R. Wells, as administrator of the estate of Sarah 'Wells, deceased,-and others were made parties defendant.
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Aiteal from the Chancery Court of Shelby. Heard before the I-Ion. J. R. Dowdell. On November 23, 1887, the appellee, the American Mortgage Company of Scotland, filed a bill in the chancery court of Shelby county, asking for the foreclosure of a certain mortgage executed by Sarah-Wells, deceased, to the complainant mortgage company, to which said suit H. R. Wells, as administrator of the estate of Sarah 'Wells, deceased,-and others were made parties defendant. In this suit a decree was rendered granting the relief prayed for by the complainant, ordering the sale of the lands conveyed in the…
1Opinion of the CourtTyson, J.
The other members of the court are of opinion, that by sheer force of the statute, a claim for decree over for any balance of the mortgage debt left after the application thereto of the proceeds of the sale of the mortgaged property, is within the Us pendens of every foreclosure suit from the moment of its institution, and, of consequence, that, while it is necessary for the complainant to move for such decree over after the balance has been fixed and ascertained, no notice of such motion need be given to the respondent: He has notice of complainant’s claim in that regard, and of his right to…
2Cited by9 opinions
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Harper v. Raisin Fert. Co.Supreme Court of Alabama · 1908
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- Ex Parte Alabama Brokerage Co.Supreme Court of Alabama · 1922
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