Orr v. Blackwell
Supreme Court of Alabama
Pill in Equity by Mortgagee, as Purchaser at Sale under Power. Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs.
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Pill in Equity by Mortgagee, as Purchaser at Sale under Power. Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th January, 1888, by ■Samuel Blackwell against Horace Orr and his wile, and J. S. Turney was also joined as a defendant.; the facts alleged being these: On the 13th January, 1885, Orr and wife executed to the complainant their promissory note for $310, and a mortgage on a small parcel of land in Hartselle to secure its payment. The land was at that time subject to a prior mortgage in favor of Turney, but -his…
1Opinion of the CourtColeman, J.
— 1. The appellee, Blackwell, was the assignee of the mortgage, and became a purchaser at his own sale of the mortgaged lands. He may, therefore, come into equity to have the sale confirmed, and his title perfected; and may offer in his bill to have the land resold, at the option of the mortgagor. The equity of the bill in these particulars is fully supported by the authorities. — McHan v. Ordway, 82 Ala. 463; s. c., 76 Ala. 347.
2. The bill does not assail, but impliedly admits, the validity and priority of the \ mortgage executed by the defendant Orr to Turney. The latter was, therefore, a…
2Cases cited3 opinions
- Henderson v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1882
- McHan v. Ordway, Dudley & McGuireSupreme Court of Alabama · 1884
- McHan v. Ordway, Dudley & McGuireSupreme Court of Alabama · 1886
3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Wood v. BarnettSupreme Court of Alabama · 1922
- Carroll v. CarrollSupreme Court of Alabama · 1938
- Bank of Luverne v. TurkSupreme Court of Alabama · 1930