Kelly v. Longshore
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before the Hon. N. S. Graham. The appellant, John B. Nelly, filed this bill against Levi Longshore, Lehman, Durr & Co., Ethelred Massengale, and ,B. L. Dean, and prayed'for the foreclosure of a certain mortgage to Lehman, Durr & Co., and a distribution of the proceeds of the sale. The material facts may be .thus stated. . The complainant on October 1st, 1-881, recovered a judgment against.
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Appeal from Tallapoosa Chancery Court. Heard before the Hon. N. S. Graham. The appellant, John B. Nelly, filed this bill against Levi Longshore, Lehman, Durr & Co., Ethelred Massengale, and ,B. L. Dean, and prayed'for the foreclosure of a certain mortgage to Lehman, Durr & Co., and a distribution of the proceeds of the sale. The material facts may be .thus stated. . The complainant on October 1st, 1-881, recovered a judgment against. Levi Longshore, in the Circuit Court, and execution thereon was. placed in the hands of the sheriff on October 26th, 1881, which execution was returned ho…
1Opinion of the CourtStone, C. J.
After Levi Longshore mortgaged his lands to Lehman, Durr & Go., there remained in him only an equity of redemption. That mortgage was made February 25th, 1880. *205Such equity of redemption was liable to the said Levi’s debts, so long as it remained in him. It was subject to seizure and sale under execution at law, and a purchaser at such sale would have acquired all the right and interest which were in Levi Longshore at the ti'me the lien attached. But Longshore’s interest being an equity, the purchaser would have acquired only such legal title as he had, if he had any, and -the equity of…
2Cases cited9 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- You v. FlinnSupreme Court of Alabama · 1859
- Childress v. MonetteSupreme Court of Alabama · 1875
- Rogers v. TorbutSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- Crowson v. CodySupreme Court of Alabama · 1923
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