Powell v. Williams
Supreme Court of Alabama
Error to the Court of Chancery sitting at Cahawba. Before the Son. D. G. Ligón, Chancellor. The question presented by the bill, answer and proof, is, whether a mortgagor, after a judgment obtained at law by the mortgagee, for the debt secured by a mortgage on lartd, and sale of the mortgaged premises by execution issued oil the judgment, can file a bill to redeem.
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Error to the Court of Chancery sitting at Cahawba. Before the Son. D. G. Ligón, Chancellor. The question presented by the bill, answer and proof, is, whether a mortgagor, after a judgment obtained at law by the mortgagee, for the debt secured by a mortgage on lartd, and sale of the mortgaged premises by execution issued oil the judgment, can file a bill to redeem. The chancellor, at the hearing, granted the relief sought by the bill, and di<-reeled an account to be taken, &c. This is now assigned as error. 1. The mortgagor’s equity of redemption, is the subject of seizure and sale under…
1Opinion of the CourtCollier, C. J.
The most important question arising in this cause, is directly presented to this court for the first time. Can the mortgagee of real estate, cause the mortgaged premises to be levied on and sold under a fieri facias to satisfy the debt intended to be secured? To this inquiry we now-address ourselves. It has been repeatedly held, that the interest of a mortgagor in possession, at least before forfeiture, and perhaps afterwards may be sold under an execution at law against his estate, at the suit of a third person ; and that the purchaser would acquire a right to the possession as against the…
2Cases cited8 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Stover v. HerringtonSupreme Court of Alabama · 1844
- Bass v. Gilliland's heirsSupreme Court of Alabama · 1843
- Cullum v. EmanuelSupreme Court of Alabama · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Barker v. BellSupreme Court of Alabama · 1861
9 more not listed; retrieve them via the Exa API.