Seals v. Rogers
Supreme Court of Alabama
Bill to Redeem From Mortgage Sale. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Robert L. Seals, as executor, against Thomas M. and Benjamin A. Rogers, to redeem lands belonging to his testator from mortgage sale. Decree for respondents, and complainant appeals.
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Bill to Redeem From Mortgage Sale. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Robert L. Seals, as executor, against Thomas M. and Benjamin A. Rogers, to redeem lands belonging to his testator from mortgage sale. Decree for respondents, and complainant appeals. The case made by the bill is that complainant’s testator died leaving a last will and testament naming him as executor; that prior to his testator’s death he had executed five separate mortgages upon certain real estate in the city of Florence, which he described in his bill, the five mortgages…
1Opinion of the CourtAnderson, J.
Under the decisions of this court, based upon the statute as it existed prior to the adoption of tbo Code of 1907, it was held that a party entitled to effectuate the statutory redemption of real estate must not only show a tender of the amount required by the statute, or a good excuse for the failure, but must accompany his bill to redeem by the payment of the money into court and offer to abide the decree of the court, which is indispensable to the equity of the bill to redeem. — Murphree v. Summerlin, 114 Ala. 54, *65421 South. 470; Beatty v. Brown, 101 Ala. 695, 14 South. 368; Beebe v. Button,…
2Cases cited5 opinions
- Beatty v. BrownSupreme Court of Alabama · 1893
- Baker v. BurdeshawSupreme Court of Alabama · 1902
- Beebe v. BuxtonSupreme Court of Alabama · 1892
- Burke v. BrewerSupreme Court of Alabama · 1901
- Murphree v. SummerlinSupreme Court of Alabama · 1896
3Cited by7 opinions
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Hudson v. MortonSupreme Court of Alabama · 1936
- Perry v. SealsSupreme Court of Alabama · 1914
- Foerster v. SwiftSupreme Court of Alabama · 1927
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