Allison v. Cody
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by H. B. Allison against Michael Cody and others to redeem from a redemption from foreclosure. From a decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by H. B. Allison against Michael Cody and others to redeem from a redemption from foreclosure. From a decree sustaining demurrers to the bill, complainant appeals. Chronologically stated, the facts are as follows : The Tri-States Realty Company gave a first mortgage for $10,000 upon certain property, which mortgage was foreclosed, and the Mabry Security Company became the purchaser, but before this foreclosure the Tri-States Realty Company executed a second mortgage to one Crowson for $3,500 which Crowson transferred to H.…
1Opinion of the CourtMcCLELLAN, J.
The Tri-States Realty Company executed, on different dates, three mortgages on the same real property, to secure respective indebtedness maturing on different dates. The first, superior mortgage was foreclosed, and the holder of the first superior mortgage became the purchaser at the foreclosure sale, this land being after-wards sold to other parties, “and,” as averred in paragraph C of the bill, “finally passed into the ownership of the Mabry Securities Company, a corporation.” On April 1, 1919, Michael Cody, to whom had been assigned the third mortgage (executed by the Tri-States Realty…
2Cases cited8 opinions
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Toney v. ChenaultSupreme Court of Alabama · 1920
- Beebe v. BuxtonSupreme Court of Alabama · 1892
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- In Re SimsUnited States Bankruptcy Court, N.D. Alabama · 1995
- &198tna Ins. Co. v. Baldwin Cty. Bldg. Loan Ass'nSupreme Court of Alabama · 1935
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Hoyd v. Citizens Bank of Albany Co.Court of Appeals for the Sixth Circuit · 1937
26 more not listed; retrieve them via the Exa API.