Creighton v. Paine
Supreme Court of Alabama
Error to the Chancery Court at Mobile. This bill in Chancery was filed by the defendant in error' against William' Creighton to foreclose a mortgage. Upon" the answer of the defendant, the Court decreed a sale' of the property described in the bill. A sale was advertised by the complainaint, and postponed1 to a day beyond the next term. At the next term, the- order of sale was revised.
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Error to the Chancery Court at Mobile. This bill in Chancery was filed by the defendant in error' against William' Creighton to foreclose a mortgage. Upon" the answer of the defendant, the Court decreed a sale' of the property described in the bill. A sale was advertised by the complainaint, and postponed1 to a day beyond the next term. At the next term, the- order of sale was revised. During the next vacation,- a sale was made, but the purchaser failing to comply with the terms* the property was again sold to the Planters’ Bank by the Register, at his risk. When the Register reported- the…
1Opinion of the CourtOrmond, J.
— The counsel for'the plaintiff has brought to> the notice of the Court several matters, which occurred previous to the application of the purchaser for the writ of possession; which, if erroneous, cannot be noticed at this time, as-there is no party now before the Court, who has the right to-complain.'
The object of the appeal, is to review an- orderof'the Chancellor, directing a writ of possession to issue against the widow and! children of the original defendant.
It was denied by the counsel, for the plaintiff in error, that a Court of Chancery had power to put a purchaser; under the decree…
2Cited by11 opinions
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Hooper v. YongeSupreme Court of Alabama · 1881
- Continental Trust Co. v. Tallassee Falls Mfg. Co.District Court, M.D. Alabama · 1915
- Wiley v. CarlisleSupreme Court of Alabama · 1890
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