Robbins v. Brown
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hou. Thomas H. Smith. Bill by Lewis Brown and others by next friend against James S. Robbins and others to redeem from foreclosure sale. From a decree for complainant respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hou. Thomas H. Smith. Bill by Lewis Brown and others by next friend against James S. Robbins and others to redeem from foreclosure sale. From a decree for complainant respondents appeal. Courts cannot make contracts for parties but can only construe those that have been made. — Mobile B. & L. Osso. v. Roberts, 65 Ala. 386. To be good a tender must be unconditional. — Commercial F. I. Co. v. Allen, 80 Ala. 579. A mortgage and note in the joint name of husband and wife imports a joint debt — Pulliam v. Hides, 132 Ala. 134. Either one of several…
1Opinion of the CourtDenson, J.
The bill is exhibited by the heirs at law of Lewis Brown, deceased, minors, by their next friend and legal guardian, Nicholas Oaffey, agalinst James S. Bobbins and George X. Herman, to redeem certain real estate in the city of Mobile which had been sold under the power contained in a mortgage. The bill shows that the real estate w-as the property of Lewis Browm; that he and his wife, with their children (complainants), occupied the premises as a homestead; that, while Browm was so in possession and the owmer of said real estate, he, joined by his wife, on the 3d day of December, 1897,…
2Cases cited3 opinions
- Compton v. SmithSupreme Court of Alabama · 1897
- Walden v. SpeignerSupreme Court of Alabama · 1888
- Pulliam v. HicksSupreme Court of Alabama · 1901
3Cited by2 opinions
- McDuffie v. FaulkSupreme Court of Alabama · 1926
- Taylor v. TaylorSupreme Court of Alabama · 1922