Legal Opinion

Drum & Ezekiel v. Bryan

Supreme Court of Alabama

Decided February 11, 1915PublishedCited by 15 opinions

Appeal from Crenshaw Chancery Court. Heard before Hon. L. D. Gardner. Bill by R. F. Bryan and others against Drum &-Ezekiel and others, to set aside a foreclosure sale, and redeem, or to cancel the foreclosure deed as a cloud on complainant’s title. From a decree granting complainant’s relief in part, respondents appeal.

1Opinion of the CourtMayfield, J.

The original bill in this case was filed September 3, 1897. It sought, in the alternative: *396(1) To set aside a foreclosure sale of a mortgage, and to be allowed to redeem; and (2) to cancel tbe foreclosure deed as.a cloud on complainant’s, title, on tbe ground that tbe mortgage debt was fully paid when tbe forclosure was bad. Tbe chancellor granted tbe relief prayed, and on appeal that decree was reversed, on the grounds that as a bill to set aside tbe foreclosure and to redeem it was filed too late, more than two years after tbe foreclosure, and that as a bill to- remove a cloud from title it…

2Cited by15 opinions

  1. Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
  2. Ivy v. HoodSupreme Court of Alabama · 1918
  3. Lee v. MacOn County BankSupreme Court of Alabama · 1937
  4. Wootten v. VaughnSupreme Court of Alabama · 1919
  5. Thompson v. BrownSupreme Court of Alabama · 1917

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