Burke v. Brewer
Supreme Court of Alabama
Appeal from the Obancery Court of Lowndes. Heard before the Hon. William L. Parks. •The bill in this case Avas filed by Michael Burke against Willis Brewer, for the purpose of enforcing the statutory right of redemption. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Obancery Court of Lowndes. Heard before the Hon. William L. Parks. •The bill in this case Avas filed by Michael Burke against Willis Brewer, for the purpose of enforcing the statutory right of redemption. The facts of the case are sufficiently stated in the opinion. After averring in his bill that he had tendered the defendant $5,500, the bill contained the recital that the complainant paid into' the registry of said court $5,500. There was also an offer on the part of the complainant to do equity. The prayer of the bill was that the complainant be permitted to redeem the…
1Opinion of the CourtDowdell, J.
The bill filed in this cause is essentially for the enforcement of a statutory right of redemption. It possesses not a single element necessary to the assertion by the mortgagor of any right he may claim to have had to enforce his equity of redemption. The regularity of the sales under the respective mortgages is not in anywise assailed. On the contrary, the validity of those sales are fully recognized. Being a bill pure and simple to enforce an alleged statutoi’y right of redemption, one of the essential prerequisites to its maintenance is the payment or tender by the complainant to the…
2Cases cited9 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Johnson v. DavisSupreme Court of Alabama · 1912
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Jones v. MeriwetherSupreme Court of Alabama · 1919
- Wilkes v. HoodSupreme Court of Alabama · 1939
9 more not listed; retrieve them via the Exa API.