Fortson v. Bishop
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Harral, Judge. Bill by J. B. Bisbop against W. S. Fortson and .others to set aside a sale of land under mortgage foreclosure, to redeem, and for other relief. From a decree for complainant respondents appeal.
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Appeal from Circuit Court, Jackson County; W. W. Harral, Judge. Bill by J. B. Bisbop against W. S. Fortson and .others to set aside a sale of land under mortgage foreclosure, to redeem, and for other relief. From a decree for complainant respondents appeal. The court erred in decreeing that the complainant was entitled to credit for the amount due on the Pope mortgage, as there was no legal evidence that there was such a mortgage. 81 Ala. 378, 2 South. 281; 108 Ala. 561, 18 South. 561. It does not appear that complainant had paid off the outstanding incumbrance, or that it had ever disturbed…
1Opinion of the Court
MeCLELLAN, j.
[1] Bishop, the appellee, filed this bill against W. S. Fortson, Bank of Albertville, J. R. Sherman, and W. A. Fort-son. Its object is to disaffirm foreclosure, under power of sale, of a mortgage executed, to secure balance of purchase money of the land described in the bill, by Bishop to W. A. Fortson and assigned through other respondents to appellant, and to redeem. The mortgage did not authorize the mortgagee or his assignee to purchase at the sale, and hence disaffirmance and redemption are the appellee’s due. The decree correctly so concluded. The contested questions,…
2Cases cited6 opinions
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Vogler v. MansonSupreme Court of Alabama · 1917
- Hart v. AdlerSupreme Court of Alabama · 1895
- Davies v. SimpsonSupreme Court of Alabama · 1918
- Thompson v. MadduxSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Hall v. HallSupreme Court of Alabama · 1941
- Denson v. Provident Mut. Life Ins. Co.Supreme Court of Alabama · 1936
- Jemison v. HowellSupreme Court of Alabama · 1935
- Perkins Oil Co. v. DavisSupreme Court of Alabama · 1934
8 more not listed; retrieve them via the Exa API.