Alexander v. Hill
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham, in equity. Heard before tbe Hon. H. A. Sharpe. Tbe bill in tbis case was filed on tbe 16tb February, 1888, by George A. Alexander and others, children and heirs at law of Zeno Alexander, deceased, against Mrs. Fannie M. Hill and her husband, B. M. Hill; and sought to redeem two tracts of land, wbicb complainants’ ancestor bad mortgaged to Mrs. Hill, and wbicb she bad sold under a power contained in tbe mortgage, becoming herself tbe…
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Appeal from tbe City Court of Birmingham, in equity. Heard before tbe Hon. H. A. Sharpe. Tbe bill in tbis case was filed on tbe 16tb February, 1888, by George A. Alexander and others, children and heirs at law of Zeno Alexander, deceased, against Mrs. Fannie M. Hill and her husband, B. M. Hill; and sought to redeem two tracts of land, wbicb complainants’ ancestor bad mortgaged to Mrs. Hill, and wbicb she bad sold under a power contained in tbe mortgage, becoming herself tbe purchaser. Tbe mortgage was dated May 10th, 1875, and was given to secure tbe payment of two promissory notes; one of…
1Opinion of the CourtMcCLELLAN, J.
The purchase by a mortgagee at his own sale under a power, which did notauthorize him to become the purchaser, “arms the mortgagor with the option, if expressed in a reasonable time, of affirming or disaffirming the sale;” and if he elects to disaffirm, he is entitled to redeem the land so sold from the mortgagee.—Garland v. Watson, 74 Ala. 324; Harris v. Miller, 71 Ala. 26; Ezzell v. Watson, 83 Ala. 120; Knox v. Armistead, 87 Ala. 511.
What is a reasonable time, within which to thus disaffirm such sale must ordinarily be availed of, has, by analogy to the statute giving that period to redeem…
2Cases cited7 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Comer v. SheehanSupreme Court of Alabama · 1883
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Harris v. MillerSupreme Court of Alabama · 1881
- Ezzell v. WatsonSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Chavers v. MayoSupreme Court of Alabama · 1918
- Courson v. TollisonSupreme Court of Alabama · 1933
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Dinkins v. LathamSupreme Court of Alabama · 1918
28 more not listed; retrieve them via the Exa API.