Thomas v. Jones
Supreme Court of Alabama
Appeal from Conecuh. Chancery Court. Heard before Hon. Jno. A. Foster. This bill was filed by the appellee as assignee of the equity of redemption against the mortgagee, who purchased indirectly at his own sale, under a power of sale in the mortgage, which did not give him the right to purchase, and sought to redeem the land in controversy.
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Appeal from Conecuh. Chancery Court. Heard before Hon. Jno. A. Foster. This bill was filed by the appellee as assignee of the equity of redemption against the mortgagee, who purchased indirectly at his own sale, under a power of sale in the mortgage, which did not give him the right to purchase, and sought to redeem the land in controversy. George M. Jones bought the land from Joseph H. Thomas, and on the same day, December 31st, 1879, executed a mortgage to said Thomas to secure payment of the consideration of purchase. On November 18th, 1884, George Jones conveyed his interest in the land…
1Opinion of the CourtSomeeville, J.
1. The mortgagor, George M. Jones, having disposed of his entire interest in the mortgaged property by sale and conveyance to the complainant, James F. Jones, there was no necessity for making him a party defendant to the bill. The demurrer based on the fact of his non-joinder as a party defendant was properly overruled. Mims v. Mims, 35 Ala. 23; Lewis v. Elrod, 38 Ala. 17; Batre v. Auze, 5 Ala. 173.
2. The defendant Thomas, who was the mortgagee, is shown to have been by indirection the real purchaser at the mortgage sale, he having made a deed to Hichox, and the latter having re-conveyed to…
2Cases cited8 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Adams v. SayreSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Appelbaum v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938
- Houston v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1902
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Beebe v. BuxtonSupreme Court of Alabama · 1892
14 more not listed; retrieve them via the Exa API.