Jones v. Burden
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Hon. J. W. Lesesne, presiding. The facts of this case, as they are exhibited by the bill, answer and exhibits, may be thus stated: William Jones, one of the plaintiffs in error, as executor of Hiram Cheesborough, deceased, filed his bill in the Chancery Court of Mobile, to foreclose a mortgage executed by John Mayrant and wife, on certain real estate described in the pleadings of this case, and at the April Term, 1848, obtained a decree…
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Error to the Chancery Court of Mobile. Hon. J. W. Lesesne, presiding. The facts of this case, as they are exhibited by the bill, answer and exhibits, may be thus stated: William Jones, one of the plaintiffs in error, as executor of Hiram Cheesborough, deceased, filed his bill in the Chancery Court of Mobile, to foreclose a mortgage executed by John Mayrant and wife, on certain real estate described in the pleadings of this case, and at the April Term, 1848, obtained a decree of foreclosure, by which the Register was directed to sell the land in the same manner that sheriffs are required by…
1Opinion of the CourtDabgan, C. J.
The plaintiffs in error contend tbat their purchase was incomplete, notwithstanding tbe [Register executed to them a deed for the land, and tbat until tbe sale was confirmed by the chancellor, no judgment creditor of the mortgagor could file a bill to redeem. The solution of this question depends on this: at what point of time is tbe bidder to be considered tbe purchaser of real estate, sold under a decree of foreclosure ? In England be canúot be considered as tbe purchaser until the sale has been confirmed by tbe Chancellor ; for until then, tbe property is not at bis risk, and if it be…
2Cases cited3 opinions
- Bonner v. Greenlee's HeirsSupreme Court of Alabama · 1844
- Pollard v. TaylorSupreme Court of Alabama · 1848
- Branch Bank at Mobile v. FurnessSupreme Court of Alabama · 1847
3Cited by4 opinions
- Witter v. DudleySupreme Court of Alabama · 1868
- Aderholt v. HenrySupreme Court of Alabama · 1886
- Garner v. Foster & GardnerSupreme Court of Alabama · 1873
- McGrangh v. Deposit BankSupreme Court of Alabama · 1906