Legal Opinion · Dissent

Ensley Mortgage & Realty Co. v. Lewis

Supreme Court of Alabama

Decided May 13, 1915Published

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Bill by the Ensley Mortgage & Realty Company against Ivey P. Lewis to effect a redemption of land from sale under an execution. Decree for respondent, and complainant appeals. The bill alleges: That on December 12, 1912, complainant, for a valuable consideration, purchased from J. J. Braswell the following described property or land situated in Jefferson county, Ala.

Read the full summary

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Bill by the Ensley Mortgage & Realty Company against Ivey P. Lewis to effect a redemption of land from sale under an execution. Decree for respondent, and complainant appeals. The bill alleges: That on December 12, 1912, complainant, for a valuable consideration, purchased from J. J. Braswell the following described property or land situated in Jefferson county, Ala. (here follows description), and took possession thereof, erected two houses thereon, and rented same to tenant, who went into possession under said contract of…

1Dissent

ANDERSON, O. J.—

(Dissenting.) — The minority are of the opinion that nothing short of a written demand on this complainant, while in the actual possession of the land, under the first part of section 5747 of the Code of 1907, and its failure to surrender the possession, will operate to cut off its statutory right of redemption, and the evidence shows no such demand and refusal. The majority seem to invoke something in the nature of an equitable estoppel against the complainant’s right to redeem, and which is not available, since the statute prescribes the sole method of cutting off the…

2Cases cited1 opinion

  1. Narrell v. J. R. Phillips Mercantile Co.Supreme Court of Alabama · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API