Chenault v. Milan
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by Ed Milan against C. S. Chenault to set aside foreclosure sale for an accounting and to redeem. Decree for complainant, and respondent appeals.
Read the full summary
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Bill by Ed Milan against C. S. Chenault to set aside foreclosure sale for an accounting and to redeem. Decree for complainant, and respondent appeals. Bill by appellee against appellant, seeking to set aside the foreclosure sale under a certain mortgage (Exhibit A to the bill), which mortgage was executed by complainant to respondent on December 15, 1916, and due November 1, 1917, to secure an indebtedness of $340.65. The mortgage contained a provision that should the mortgagor fail to move on the farm in Lawrence county, rented from…
1Opinion of the CourtGardner, J.
This bill is filed by the mortgagor to have annulled a foreclosure sale of certain property, conveyed under mortgage which is made an exhibit to the bill, upon the ground of unfairness, oppression, and irregularity in the sale, and to be allowed the exercise of his equity of redemption. The equity of the bill was not questioned, and the answer contained but a mere general denial of the facts alleged in the bill.
[1] The mortgage attached to the bill, gave no authority to the mortgagee to purchase at his own sale, and the answer to the interrogatories, incorporated in the bill, disclosed that…
2Cases cited15 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Cox v. BrownSupreme Court of Alabama · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- First Nat. Bank of Opp v. WiseSupreme Court of Alabama · 1937
- Ex Parte UpchurchSupreme Court of Alabama · 1927
- Stover v. HillSupreme Court of Alabama · 1922
- Simpson v. James R. Crowe Post No. 27, American LegionSupreme Court of Alabama · 1935
4 more not listed; retrieve them via the Exa API.