Garner v. Foster & Gardner
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the Hon. A. W. Dillard. The bill in this case was filed by the appellees, suing as partners, to redeem a certain tract of land which had been sold under a mortgage executed by John R. Drish in his lifetime, and purchased at said sale by Charles Hopkins & Co., who afterwards sold and conveyed to the defendants.
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Appeal from the Chancery Court of Pickens. Heard before the Hon. A. W. Dillard. The bill in this case was filed by the appellees, suing as partners, to redeem a certain tract of land which had been sold under a mortgage executed by John R. Drish in his lifetime, and purchased at said sale by Charles Hopkins & Co., who afterwards sold and conveyed to the defendants. John R. Drish died in July, 1867. The lands were sold under the mortgage in February, 1869. The complainants asserted a right to redeem under a judgment which they had recovered on the 16th day of September, 1869, against the…
1Opinion of the CourtB. F. Saffold, J.
— Has a creditor who has recovered a judgment by suit commenced against the executor of his debtor, within two years after the sale of the debtor’s land under a mortgage given by him, a right to redeem it from the purchaser under section 2513 of the Revised Code ? The section gives the right of redemption to a creditor of the debtor upon a judgment obtained within two years after the sale. This statute does not differ materially, in any respect involved *168in this case, from the Act of 1842, “ to prevent the sacrifice of real estate ” (Clay’s Dig. p. 502), the bond fide creditor there spoken of…
2Cases cited2 opinions
- Bugbee v. HowardSupreme Court of Alabama · 1858
- Jones v. BurdenSupreme Court of Alabama · 1852