Jordan v. Sumners

I concur in the opinion of Justice BROWN and add the following:

The case is that of purchaser at his foreclosure sale under mortgage, who brings unlawful detainer for possession against the mortgagor. It is differentiated from a case by the purchaser at foreclosure sale who was not the mortgagee, but a third party. The latter case is within the proper construction of section 8003, Code of 1923, which confers the right to sue in unlawful detainer upon the purchaser at foreclosure. It does not extend to one holding under such purchaser. Farley v. Bay Shell Road Co., 125 Ala. 184, 27 So. 770.

In…