Downs v. Hopkins, Allen & Co.
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austell. The bill in this case was filed on the 14th March, 1872, by Mrs. Mary A. Downs, a married woman, suing by her husband as next friend, against the partners composing the firm of Hopkins, Allen k Co. (a mercantile partnership doing business in the city of New York), J. H. Lakin, and George ■ Cowles ; and sought a redemption of a certain store-house and lot in the city of Montgomery, which said…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austell. The bill in this case was filed on the 14th March, 1872, by Mrs. Mary A. Downs, a married woman, suing by her husband as next friend, against the partners composing the firm of Hopkins, Allen k Co. (a mercantile partnership doing business in the city of New York), J. H. Lakin, and George ■ Cowles ; and sought a redemption of a certain store-house and lot in the city of Montgomery, which said George Cowles had mortgaged to Hopkins, Allen k Co., and afterwards to James S. Brooks, as the administrator of E. A.…
1Opinion of the CourtBrickell, C. J.
— The assignments of error raise a _ single question : whether a mortgagee, in possession under a purchase at his own sale, by virtue of a power in the mortgage, can be made to account to a junior mortgagee,' electing to avoid the sale, for rents and profits during the continuance of his possession. It is not questioned, that a sale, in which the mortgagee was vendor and vendee, is voidable at the mere election of any party having interests and rights which could be injuriously affected by it, seasonably expressed. Nor can it be doubted, that a biil in- equity by a junior mortgagee, to be let…
2Cases cited3 opinions
- Charles v. DuboseSupreme Court of Alabama · 1856
- Harrison v. WyseSupreme Court of Connecticut · 1855
- Robinson v. Cullom & Co.Supreme Court of Alabama · 1868
3Cited by12 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Garland v. WatsonSupreme Court of Alabama · 1883
- Thomas v. JonesSupreme Court of Alabama · 1887
- Williams v. NolandSupreme Court of Alabama · 1920
- McCall v. MashSupreme Court of Alabama · 1889
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