McKinnon v. Lessley
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. Jas. R. Dowdell. This action was brought by J. T. Lessley against Alex.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. Jas. R. Dowdell. This action was brought by J. T. Lessley against Alex. McKinnon, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 10th February, 1888. The plaintiff claimed .the land under a mortgage executed to him by the defendant, which was dated January 20th, 1887, and given to secure the payment of a promissory note for $287, payable on the 1st November, 1887; and he offered the note and mortgage in evidence on the trial. The record shows that on the 3d April,…
1Opinion of the CourtMcOLELLAN, J.
Section 2707 of the Code, which authorizes the defendant, in an action by a mortgagee or his assignee, to recover the land conveyed by the mortgage from *627the mortgagor, or any one holding under him, to plead payment of the mortgage debt, and requires an ascertainment by the jury of the amount of the mortgage debt, upon a suggestion of the defendant to that end, was not intended to afford a mode of foreclosure in a court of law, or to confer any right on the defendant other than those which appear from a fair interpretation of its terms to be given. Its purpose is simply to secure to a…
2Cases cited7 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Bradford v. DanielSupreme Court of Alabama · 1880
- Ex parte PearceSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Allison v. LittleSupreme Court of Alabama · 1890
- Winter & Loeb v. PoolSupreme Court of Alabama · 1893
- Sharpe & Son v. BarneySupreme Court of Alabama · 1896
8 more not listed; retrieve them via the Exa API.