American Freehold Land Mortgage Co. v. Sewell
Supreme Court of Alabama
Appeal from Chancery Court of Elmore County. Heard before the Hon. S. K. McSpadden. The facts in this case are sufficiently stated in the opinion.
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Appeal from Chancery Court of Elmore County. Heard before the Hon. S. K. McSpadden. The facts in this case are sufficiently stated in the opinion. On the final submission, on the pleadings and proof, the Chancellor decreed that the complainant was not entitled to the relief prayed; and dismissed its bill; and this decree is now appealed from, and assigned here as error. ness,” does not include appellant’s loan of money to Sewell.— Christian v. American Freehold Co., 89 Ala. 198; 2 Morawetz on Oorp., § 662; Equitable Life Assur. ■Soc. v. VogeVs Ex., 76 Ala. 441;' Beard v. Union efe Amer. Pub.…
1Opinion of the CourtColeman, J.
The Corbin Banking Company doing business as bankers in New York City, negotiated a loan between the . plaintiff, a corporation under the laws of England, and William B. Sewell, the defendant, a resident citizen of Alabama. The loan was secured by a mortgage on the lands in Elmore county, Alabama.
Under a power of sale included in the mortgage, the land was sold, and plaintiff the mortgagee, became the purchaser.
By the laws of this State, a foreclosure of a mortgage in accordance with its provisions, is a valid, legal foreclosure, and there being no fraud or undue advantage, is absolute and…
2Cases cited14 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Becker v. BillingsIllinois Supreme Court · 1922
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Coburn v. CokeSupreme Court of Alabama · 1915
- Davis v. AndersonSupreme Court of Alabama · 1929
40 more not listed; retrieve them via the Exa API.