Ewing v. First Nat. Bank of Montgomery

BROWN, Justice.

This is a bill by the mortgagor to redeem from foreclosure made under power of sale •embodied in the mortgage.

The bill does not aver tender of the pur•chase money, interest, and lawful charges.

To relieve complainant from the statutory duty of making such tender, the bill, after alleging that the complainant made written demand of the mortgagee-purchaser and its vendee, for a statement in writing of the debt and lawful charges as authorized by section 10144 of the Code of 1923, further avers, “That on, to-wit, October 19th, 1932, complainant received from said Bank as Trustee…