Lacy v. Fowler
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by S. L. Lacy against T. O. Fowler and another to redeem land from mortgage foreclosure sale. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by S. L. Lacy against T. O. Fowler and another to redeem land from mortgage foreclosure sale. From a decree sustaining demurrers to the bill, complainant appeals. The mortgage was executed to complainant by O. S. Scott and Betty Scott, and foreclosed by him on May 20, 1916. His right to redeem is founded upon the allegations that, on December 4, 1917, O. S. Scott assigned to him, in writing and for a valuable consideration, the statutory right of redemption of Scott. It is further alleged that the respondents have failed…
1Opinion of the CourtSomerville, J.
[1] The bill of' complaint, as last amended, presents two prayers for relief in the alternative, the two aspects of the bill being founded on inconsistent states of facts, charged as true only in the alternative. As to such bills, it has been held that “each alternative must show a right of action.” A. C. L. R. Co. v. Woolfolk, 178 Ala. 190, 59 South. 633. And, there being no positive affirmation of the truth of either set of facts, any demurrable defect in either alternative aspect may be properly reached by a demurrer addressed to the bill as a whole.
In this view, without passing upon the…
2Cases cited1 opinion
- Atlantic Coast Line Railroad v. WoolfolkSupreme Court of Alabama · 1912
3Cited by10 opinions
- American Federation of State, County & Municipal Employees v. DawkinsSupreme Court of Alabama · 1958
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Foerster v. SwiftSupreme Court of Alabama · 1927
- Goodwin v. DonohueSupreme Court of Alabama · 1934
- Rodgers v. StahmerSupreme Court of Alabama · 1938
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