Parmer v. Parmer
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 20th January, 1881, by Felix O. Farmer, against William IL Parmer, and the heirs at law of Joseph M. Parmer; and sought to redeem certain lands, which had been sold under a power contained in a mortgage executed by the complainant to said William K. Parmer, and which said W. K. Parmer held and claimed under a conveyance from the purchaser at that sale.
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Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 20th January, 1881, by Felix O. Farmer, against William IL Parmer, and the heirs at law of Joseph M. Parmer; and sought to redeem certain lands, which had been sold under a power contained in a mortgage executed by the complainant to said William K. Parmer, and which said W. K. Parmer held and claimed under a conveyance from the purchaser at that sale. The lands had belonged to the estate of said Joseph M. Parmer, deceased, and were sold by said Wm. K. Parmer, as…
1Opinion of the CourtSomeeyille, J.
— No principle of equity jurisprudence *288is more firmly settled, than that the mortgagor’s right to redeem can not be waived or extinguished by any collateral agreement entered into contemporaneously with the execution of the mortgage. Courts uniformly regard with great jealousy all attempts to fetter or embarrass the exercise of this right, which is an outgrowth of the just triumph of equitable principles over the harsh operation of a mere technical rule of law. Where, therefore, a mortgagor is induced to enter into a contract with the mortgagee, cut the time of the loan of the money, waiving,…
2Cases cited9 opinions
- Childress v. MonetteSupreme Court of Alabama · 1875
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Carlin v. JonesSupreme Court of Alabama · 1876
- Grigg v. BanksSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Stoutz v. RouseSupreme Court of Alabama · 1887
- Peagler v. StablerSupreme Court of Alabama · 1890
- Richardson v. CurleeSupreme Court of Alabama · 1934
25 more not listed; retrieve them via the Exa API.