Wittmeier v. Tidwell
Supreme Court of Alabama
Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Wittmier sold Bentley a certain piece of land, talcing the mortgage to secure the deferred payments which were evidenfced by four promissory notes falling due No. 1, 1905, 1906, 1907 and 1908. The first note provided for the payment of one thousand pounds good, average lint cotton and $23.59, and the others for one thousand pounds good, average lint cotton each.
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Appeal from Blount Chancery Court. Heard before Hon. A. H. Benners. Wittmier sold Bentley a certain piece of land, talcing the mortgage to secure the deferred payments which were evidenfced by four promissory notes falling due No. 1, 1905, 1906, 1907 and 1908. The first note provided for the payment of one thousand pounds good, average lint cotton and $23.59, and the others for one thousand pounds good, average lint cotton each. The mortgage contained the following clause: “If said grantor shall sell, transfer, trade or' remove any of s.aid property, or attempt the same, then all of said…
1Opinion of the CourtAnderson, J.
“Generally, the1 purpose for which the power of sale is given being to afford an additional and more speedy remedy for'the recovery of the debt, the mortgagor is by the contract bound to exercise necessary promptness in fulfilling it, and cannot complain of a legitimate exercise of the power. If in any case it is attempted to pervert the power from its legitimate purpose, and to use it for the purpose of oppressing the debtor, or of enabling the creditor to acquire the property himself, a court of equity will enjoin the sale, or. will set it aside if it is made.” — 2 Jones on Mortgages, 1801;…
2Cases cited5 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Barron v. BarronSupreme Court of Alabama · 1898
- Struve v. ChildsSupreme Court of Alabama · 1879
- Robinson v. CahalanSupreme Court of Alabama · 1890
3Cited by23 opinions
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Jackson v. Wells Fargo Bank, N.A.Supreme Court of Alabama · 2012
- Castleman v. KnightSupreme Court of Alabama · 1927
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
- MacKe v. ScacciaSupreme Court of Alabama · 1931
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