Couthway v. Berghaus
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. J. W. LesesNE. This bill was filed by the appellant, as a judgment creditor of Aaron Gage, to redeem certain lots in the city of Mobile, which had been sold under a mortgage executed by said Gage to one C. W. Dorrance, and purchased by the defendant Berg-haus.
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. J. W. LesesNE. This bill was filed by the appellant, as a judgment creditor of Aaron Gage, to redeem certain lots in the city of Mobile, which had been sold under a mortgage executed by said Gage to one C. W. Dorrance, and purchased by the defendant Berg-haus. The sale under the mortgage was made on the 4th day of June, 1850 ; the complainant’s judgment was confessed on the 1st day of July, 1850 ; and the offer to redeem was made on the 3d of June, 1852, and renewed on the next day. At the sale Berghaus became the purchaser, but…
1Opinion of the Court
CHILTON, C. J. —
In Thomason v. Scales, 12 Ala. 309, it was held, that to entitle the creditor to redeem the land of his debtor under the act of 1842, “to prevent the sacrifice of real estate,” he must have ascertained the bona fides of his demand by obtaining a judgment. A judgment was obtained by the appellant in this case against Gage, her alleged debtor; but it was by his confession ; and the question is, was this such a judicial ascertainment of the debt, as authorized her to demand a redemption.
It is argued that, if such right may be claimed under a judgment of this character, a wide…
2Cases cited3 opinions
- Thomason v. ScalesSupreme Court of Alabama · 1847
- Hooper v. PairSupreme Court of Alabama · 1836
- Pollard v. TaylorSupreme Court of Alabama · 1848
3Cited by15 opinions
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Cramer v. WatsonSupreme Court of Alabama · 1882
- Posey v. PressleySupreme Court of Alabama · 1877
- Knickerbocker v. Redlands High School DistrictCalifornia Court of Appeal · 1942
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