Slaughter v. Webb
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Mrs. S. E. Webb against M. Slaughter to redeem from mortgage foreclosure sale. From decree overruling demurrers to the bill, respondent appeals.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Mrs. S. E. Webb against M. Slaughter to redeem from mortgage foreclosure sale. From decree overruling demurrers to the bill, respondent appeals. Copeland and wife executed a mortgage tc Steiner Bros, upon certain land situated in Jefferson county, the mortgage being for the sum of $1,250, which Steiner Bros, foreclosed on August 30, 1918, purchased at the sale, and afterwards conveyed the property to M. Slaughter. Copeland and wife conveyed the property by deed to Carroll, who in -turn conveyed to Tom Jacks, and after…
1Opinion of the CourtSayre, J.
Appellee, as assignee of. the statutory right of redemption, filed this bill to redeem against appellant in possession as vendee of the purchaser at a mortgage foreclosure sale. Demurrer to the bill was overruled, and defendant appealed.
The bill fails to aver a tender of purchase money, interest, and other lawful charges, as provided by section 5749 of the Code, and the demurrer takes the point. Complainant’s excuse is, and the bill so avers in effect, that she demanded of defendant a statement in writing of the debt and all lawful charges claimed by him, as provided by section 5748, and that…
2Cases cited3 opinions
- Francis v. WhiteSupreme Court of Alabama · 1909
- Johnson v. DavisSupreme Court of Alabama · 1912
- Prichard v. SweeneySupreme Court of Alabama · 1895
3Cited by31 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Dent v. FoySupreme Court of Alabama · 1925
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
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