Legal Opinion

Dewyer v. Dover

Supreme Court of Alabama

Decided April 2, 1931No. 6 Div. 651PublishedCited by 18 opinions

1Opinion of the CourtThomas, J.

A bill by the third mortgagee, in point of time, against the second mortgagee for foreclosure. There was intervention by the first mortgagee.

The disputed fact is whether the third mortgagee, complainant here, had notice or knowledge of the prior mortgages. The court found that issue against complainant, ordered the land sold, which was done and report confirmed, and purchase money was ordered disbursed to lienholders according to their established priorities.

The principle given application as to the first mortgage is that a subsequent purchaser or mortgagee is charged with knowledge of facts…

2Cases cited15 opinions

  1. Ivy v. HoodSupreme Court of Alabama · 1918
  2. Gill v. MoreSupreme Court of Alabama · 1917
  3. Winters v. PowellSupreme Court of Alabama · 1912
  4. First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
  5. Gamble v. Black Warrior Coal Co.Supreme Court of Alabama · 1911

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Lee v. MacOn County BankSupreme Court of Alabama · 1937
  2. Ball v. VogtnerSupreme Court of Alabama · 1978
  3. Equitable Life Assur. Soc. of United States v. WelchSupreme Court of Alabama · 1940
  4. Murphree v. HensonSupreme Court of Alabama · 1972
  5. Olympia Produce v. Associates Fin. Serv.Supreme Court of Alabama · 1991

13 more not listed; retrieve them via the Exa API.

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