Durden v. Whetstone
Supreme Court of Alabama
Appear from the Chancery Court of Autauga. Heard before the Hon. S. K. McSpadden. ’ The bill in this case was filed on dune 20, 1889, by the appellants, as the heirs at law of George W. F. Durden, deceased, against the administrators and heirs at law of Mills Rogers, deceased ; and seeks lo redeem certain described lands from a mortgage, which was executed by the said Durden to said Rogers on Jan. 13,1878. The said mortgage was made an exhibit to the bill, and purports to…
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Appear from the Chancery Court of Autauga. Heard before the Hon. S. K. McSpadden. ’ The bill in this case was filed on dune 20, 1889, by the appellants, as the heirs at law of George W. F. Durden, deceased, against the administrators and heirs at law of Mills Rogers, deceased ; and seeks lo redeem certain described lands from a mortgage, which was executed by the said Durden to said Rogers on Jan. 13,1878. The said mortgage was made an exhibit to the bill, and purports to have been given to secure the payment oí' an indebtedness evidence by a note, of even date with the mortgage, for…
1Opinion of the CourtOlopton, J.
The bill is filed by appellants, as the heirs of George W. F. Durden, against the administrators and heirs, of Mills Rogers; and seeks to redeem the lands described from a mortgage executed by Durden to Rogers, January 13,1873.. Durden died in March, 1881, and Rogers in July, 1888. The-bill is framed with a double aspect; the first being that there-was’ never any foreclosure of the mortgage, an attempted sale-under the power contained therein not having been consummated or carried into effect; and the second, that if there was such sale, the mortgagee became the purchaser at his own sale.
The…
2Cases cited4 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Harris v. MillerSupreme Court of Alabama · 1881
3Cited by11 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Drake v. RhodesSupreme Court of Alabama · 1908
- Rainey v. McQueenSupreme Court of Alabama · 1898
- Greer v. WatsonSupreme Court of Alabama · 1911
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