Cramer v. Watson
Supreme Court of Alabama
Appeal from Greene Chancery Court. Heard pefore Hon. Tjiomas Cobbs. The bill in this cause was filed on 24th December, 1880, by "William L'. "Watson against Leoiaold Cramer and Julius Cohen, partners trading under the firm name of Cramer & Cohen, and E. B. Steele; and the case made thereby is substantially as follows : On 3d February, 1879, one Patton, under and in pursuance of a power of sale contained in a mortgage executed to him by the defendant Steele, and his wife,…
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Appeal from Greene Chancery Court. Heard pefore Hon. Tjiomas Cobbs. The bill in this cause was filed on 24th December, 1880, by "William L'. "Watson against Leoiaold Cramer and Julius Cohen, partners trading under the firm name of Cramer & Cohen, and E. B. Steele; and the case made thereby is substantially as follows : On 3d February, 1879, one Patton, under and in pursuance of a power of sale contained in a mortgage executed to him by the defendant Steele, and his wife, sold and conveyed to Cramer & Cohen a tract of land, situate in Greene county, particularly described in the bill, and…
1Opinion of the CourtBrickell, C. J.
— It is a common law right of a judgment creditor to redeem the lands of his debtor which may be subject to mortgage. The right must be exercised while the mortgage is redeemable — before a foreclosure under the decree' of a court of equity, or before a sale authorized by a power of .sale in the mortgage, which has the effect of a decree of foreclosure. If, under a power in the mortgage, there has been a voidable sale, a sale at which the mortgagee purchased, placing himself in the situation of vendor and vendee, a court of equity will set it aside upon timely application, and let the…
2Cases cited6 opinions
- Micou v. AshurstSupreme Court of Alabama · 1876
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Posey v. PressleySupreme Court of Alabama · 1877
- Grigg v. BanksSupreme Court of Alabama · 1877
- Couthway v. BerghausSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Johnson v. DavisSupreme Court of Alabama · 1912
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Francis v. WhiteSupreme Court of Alabama · 1904
- Prichard v. SweeneySupreme Court of Alabama · 1895
21 more not listed; retrieve them via the Exa API.