Garland v. Watson
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this ease was filed on the '31st March, 1879, by B. R. Garland, against Robert H. Watson ; and sought to set aside a sale of lands under a power contained in a mortgage, made by said Watson as mortgagee, and at which he became himself the purchaser.
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Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this ease was filed on the '31st March, 1879, by B. R. Garland, against Robert H. Watson ; and sought to set aside a sale of lands under a power contained in a mortgage, made by said Watson as mortgagee, and at which he became himself the purchaser. The mortgage was dated March 20th, 1877, and was given to secure, the payment of a promissory note for $4,707.53, which became due and payable on the 1st January, 1878; and it contained a power of sale, if default should be made in the payment of the note…
1Opinion of the CourtStone, J.
— Garland executed a mortgage to Watson, with power of sale, the subject of the mortgage being lands. Watson sold under the power contained in his mortgage, after due advertisement, and himself became the purchaser. He thereupon, describing himself as mortgagee, conveyed the lands to himself as an individual. In less than twelve months after-wards, Garland filed this bill to disaffirm the sale.
It is too well settled by the decisions of this court to require further argument, that when a mortgagee of lands sells under the power contained in the mortgage, and becomes the purchaser at his own…
2Cases cited15 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Harris v. MillerSupreme Court of Alabama · 1881
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911
- Coburn v. CokeSupreme Court of Alabama · 1915
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Farris v. HoustonSupreme Court of Alabama · 1884
19 more not listed; retrieve them via the Exa API.