Legal Opinion

Thomas v. Blair

Supreme Court of Alabama

Decided June 29, 1922No. 4 Div. 3PublishedCited by 12 opinions

1Opinion of the Court

McCLELLAN, j.

Upon the wife of a mortgagor there is conferred the right to redeem. Code, § 5746. The complainant is so entitled unless she has forfeited the right to avail of the privilege. The debtor, mortgagor, or “any one holding under him by privity of title” must deliver possession to tbe purchaser within 10 days after the foreclosure sale “on written demand of the purchaser or his vendee.” Code, § 5747. There is no “privity of title” between husband and wife with respect to lands owned by the living husband. Dower inchoate is not title.' It is a mere expectancy. 5 Mich. Ala. Dig. p. 215.…

2Cases cited5 opinions

  1. Sparks v. McCrearySupreme Court of Alabama · 1908
  2. Lovelace v. WebbSupreme Court of Alabama · 1878
  3. Empire Realty Co. v. HartonSupreme Court of Alabama · 1911
  4. Witherington & Co. v. MasonSupreme Court of Alabama · 1888
  5. Huckaba v. AbbottSupreme Court of Alabama · 1888

3Cited by12 opinions

  1. Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
  2. First Nat. Bank of Guntersville v. BainSupreme Court of Alabama · 1939
  3. Johnson v. WilliamsSupreme Court of Alabama · 1924
  4. McDuffie v. FaulkSupreme Court of Alabama · 1926
  5. Huie v. SmithSupreme Court of Alabama · 1938

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