Hudson v. Morton

GARDNER, Justice.

The appeal is from a decree overruling demurrer to the bill, which is one for the exercise of the statutory right of redemption.

The mortgagor died prior to the foreclosure sale, and complainant seeks the right of redemption as a child of said mortgagor. Clearly the bill makes out a prima facie right in complainant under the statute (section 10140, Code 1923) to exercise this right, and if there be any reason to the contrary it would be matter in defense. Francis v. White, 142 Ala. 590, 39 So. 174; Snow v. Montesano Land Co., 206 Ala. 310, 89 So. 719.

Of course, as often…