Naugher v. Sparks
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, Carroll Sparks, against the appellants, Joseph W. Naugher, and W. T. Naugher,. on the 1st day of March, 1894; and prayed for the complainant to be let in to redeem a certain tract of 640 acres of land, upon which the complainant had, on August 10th,1881, executed a mortgage to the appellant, J. W. Naugher, to secure a debt of $620.60.' The…
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Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellee, Carroll Sparks, against the appellants, Joseph W. Naugher, and W. T. Naugher,. on the 1st day of March, 1894; and prayed for the complainant to be let in to redeem a certain tract of 640 acres of land, upon which the complainant had, on August 10th,1881, executed a mortgage to the appellant, J. W. Naugher, to secure a debt of $620.60.' The complainant, in his bill, alleges a full payment of the mortgage debt, and a large amount in excess thereof, by way of the rents,…
1Opinion of the CourtColeman, J.
The mortgagor Sparks filed the present bill to redeem. Ten years is the limitation within which a mortgagor may be let in to redeem. The aver-ments of the bill and the proof show that he had been out of possession nine years and ten months. The bar had not been perfected. The defense was that the mortgage was regularly foreclosed, a purchase at the fore-elosure'sale, and deed of conveyance and possession and title thereunder. 'Whether there was a foreclosure at all, *575and if so, whether a valid foreclosure, are the controverted facts of the case. The chancellor granted relief to complainants,…
2Cases cited7 opinions
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