Harper v. Raisin Fertilizer Co.
Supreme Court of Alabama
Bill bo Foreclose Mortgage. Appeal from Coffee Cliancery Court. Heard before Hon. W. L. Parks. This ivas a bill filed by appellee against appellant to foreclose a mortgage assigned to them and given by appellant to one J. B. Harper. A foreclosure was decreed, .and the land sold to satisfy the decree.
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Bill bo Foreclose Mortgage. Appeal from Coffee Cliancery Court. Heard before Hon. W. L. Parks. This ivas a bill filed by appellee against appellant to foreclose a mortgage assigned to them and given by appellant to one J. B. Harper. A foreclosure was decreed, .and the land sold to satisfy the decree. After a confirmation of tire sale, the land having failed to bring enough to pay the amount of the mortgage debt as ascertained by the decree of the chancellor on the report of the register, the complainant moved for a. judgment over •for the balance of the mortgage debt remaining unpaid. On the…
1Opinion of the CourtHaralson, J.
— The last assignment of error, that the “court below erred in rendering a. personal judgment against appellant, of which he had no notice,” is insist*362ed on in argument, simply on the ground, without more, “because he (R. Harper) had no notice of the motion.” This suggests no more, than the assignment of error itself suggests and can scarcely be said to be an insistence in argument. Moreover, no motion was required. The decree over was within the lis pendens.-Code 1896, § 859; Wells v. Mortgage Co., 123 Ala. 413, 26 South. 301.
Again, the transcript shows, that said Harper liad notice of the…
2Cases cited7 opinions
- Vaughan v. SmithSupreme Court of Alabama · 1881
- Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Jones v. WhiteSupreme Court of Alabama · 1895
- Warren v. LawsonSupreme Court of Alabama · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Johnston v. JohnstonSupreme Court of Alabama · 1925
- Central of Georgia Railway Co. v. StephensonSupreme Court of Alabama · 1914
- Wheeler v. FullerAlabama Court of Appeals · 1912
- North Alabama Traction Co. v. TaylorAlabama Court of Appeals · 1911
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