Williams v. Wilson
Supreme Court of Alabama
Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge. Bill by Charlie Williams against James E. Wilson and others tor an accounting-and for redemption from foreclosure. From a decree sustaining demurrers to the bill, complainant appeals. The demurrers are as follows: (1) There is no equity in the bill because complainant does not show in the bill that he had a right to disaffirm the foreclosure of. the mortgage made exhibits to the bill.
Read the full summary
Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge. Bill by Charlie Williams against James E. Wilson and others tor an accounting-and for redemption from foreclosure. From a decree sustaining demurrers to the bill, complainant appeals. The demurrers are as follows: (1) There is no equity in the bill because complainant does not show in the bill that he had a right to disaffirm the foreclosure of. the mortgage made exhibits to the bill. (2) It appears from the bill that the mortgages were regularly and legally foreclosed. (3) It appears from the bill that Wilson & Co. had the…
1Opinion of the CourtMcCLELLAN, J.
Bill by appellant to dis-affirm foreclosure sale under the power in mortgages and to redeem in virtue of the equity of redemption, upon the ground that the purchaser, averred to have stood in the relation of a mortgagee trustee (for that purpose), was not authorized by the mortgages to* buy at the foreclosure sale.
•Demurrers to the bill by several of the defendants were sustained, and the appeal is from that decree. The substance of the demurrers will be reproduced in the report of the appeal.
An accurate statement of the facts alleged in the bill and their legal effects will remove the bases…
2Cases cited15 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Alexander v. HillSupreme Court of Alabama · 1889
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Teague, Barnett & Co. v. LindseySupreme Court of Alabama · 1894
- Dixon v. HayesSupreme Court of Alabama · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Woodfin v. CurrySupreme Court of Alabama · 1934
- Williams v. WilsonSupreme Court of Alabama · 1923
- Kelley v. Royal Globe Ins. Co.Supreme Court of Alabama · 1977
4 more not listed; retrieve them via the Exa API.