Toney v. Chenault
Supreme Court of Alabama
Appeal from Circuit Court, Eranklin County ; C. P. Almon, Judge. Bill' by William L. Chenault against Tim E. Toney and others for statutory redemption of certain lands foreclosed under mortgage. Prom the decree rendered, respondents appeal. No one is named in the bill as respondent, and hence there is no bill.1 66 Ala. 115; 2 Stew. 280; 1 Ala. 379; Sim’s Chancery Practice, § 161; rule 17, Chañe. Pract. Complainant had no right to redeem.
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Appeal from Circuit Court, Eranklin County ; C. P. Almon, Judge. Bill' by William L. Chenault against Tim E. Toney and others for statutory redemption of certain lands foreclosed under mortgage. Prom the decree rendered, respondents appeal. No one is named in the bill as respondent, and hence there is no bill.1 66 Ala. 115; 2 Stew. 280; 1 Ala. 379; Sim’s Chancery Practice, § 161; rule 17, Chañe. Pract. Complainant had no right to redeem. Section 5746, Code 1907; 176 Ala. 134, 57 South. 705. The fifth plea was proven without dispute. Í80 Ala. 311, 60 South. 896. The complainant had a right to…
1Opinion of the CourtMcOLELLAN, J.
[1] The object of this bill, filed by appellee against the appellant, is to effect statutory redemption. Code, § 5746. Being purely the creature of statute, such redemption can only be availed of by those authorized by the statute to effect it, and so in the circumstances and in. the manner defined by the statutes. Burke v. Brewer, 133 Ala. 389, 392, 32 South. 602, among others. No question as to the sufficiency of the bill in any respect was raised in the court below.
It is averred in the bill that the mortgages, executed by Pink Burgess, were foreclosed about August 10, 1918, that Pink…
2Cases cited6 opinions
- Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918
- Burke v. BrewerSupreme Court of Alabama · 1901
- Leith v. Galloway Coal Co.Supreme Court of Alabama · 1914
- Brannan v. AdamsSupreme Court of Alabama · 1919
- Patterson v. HolmesSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Allison v. CodySupreme Court of Alabama · 1921
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
- Estes v. JohnsonSupreme Court of Alabama · 1937
10 more not listed; retrieve them via the Exa API.