Hunt v. Acre
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. J. W. LesesNE. ' This bill was filed by the appellees, as heirs:at-law of Samuel Acre, deceased, to redeem a certain lot in the city of Mobile, under a mortgage executed by said Acre in his lifetime; to set aside a decree of foreclosure, obtained under the mortgage by Jonathan Hunt, one of the defendants, who was an assignee of the mortgage; and to compel an account of the rents and profits of the mortgaged…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. J. W. LesesNE. ' This bill was filed by the appellees, as heirs:at-law of Samuel Acre, deceased, to redeem a certain lot in the city of Mobile, under a mortgage executed by said Acre in his lifetime; to set aside a decree of foreclosure, obtained under the mortgage by Jonathan Hunt, one of the defendants, who was an assignee of the mortgage; and to compel an account of the rents and profits of the mortgaged premises. The widow of said Acre,, with her present husband, James Frowner, who were the de-, fendants in Hunt’s foreclosure…
1Opinion of the CourtRice, C. J.
The effect of a decree rendered in a suit for the foreclosure of a mortgage is not so extensive as that of a decree rendered in a proceeding in rem. In the former, the decree does not prejudice the rights of those who ought to be, but are not parties. In the latter, the decree binds not only the parties, but strangers to the proceeding. — 1 Greenlf. on Ev. §§ 522-525; The Branch Bank at Mobile v. Hodges, 12 Ala. 118; Gliddon v. Andrews, 10 Ala. 166; Watson v. Spence, 20 Wend. 260.
Our law is materially different from the English law upon the subject of the probate of wills. Before 1836, our…
2Cases cited14 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Dawson v. BurrusSupreme Court of Alabama · 1882
25 more not listed; retrieve them via the Exa API.