Curtis v. Curtis
Supreme Court of Alabama
Appear from Wilcox Chancery Court. Heard before Hon. Ti-ios. H. Smith. Bill by A. B. Curtis, against M. E. Curtis, to reform a certain transfer of a note and mortgage and to foreclose the mortgage. Prom the decree confirming the report of the register and the foreclosure proceedings, respondent appeals.
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Appear from Wilcox Chancery Court. Heard before Hon. Ti-ios. H. Smith. Bill by A. B. Curtis, against M. E. Curtis, to reform a certain transfer of a note and mortgage and to foreclose the mortgage. Prom the decree confirming the report of the register and the foreclosure proceedings, respondent appeals. It is respectfully submitted that in effect in substance and in spirit Rule 93 of Chancery Practice was complied with. — 18 Enc’t PI & Pr., 1262; 98 Calif. 131; 76 Ala. 51; Stewart v. Gross, 66 Ala. 22, 132 111., 1.12. The court properly decreed A. B. Curtis the mortgagee in possession. — A…
1Opinion of the CourtSayre, J.
It is not necessary to state the case made by the original and cross bills. In its preliminary decree, which settled the merits in a general way, the chancei’y court ordered a reference for the' ascertainment of the balance due from appellant to appellee, directing that the appellee be treated as a mortgagee in possession of the mortgaged premises before foreclosure. Appellant affirms that this method of treating the cause was clearly right. ' Appellee does not complain. Those questions which the appeal seeks to bring under review arose on exceptions to the register’s report. So far as the…
2Cases cited1 opinion
- Warren v. LawsonSupreme Court of Alabama · 1897
3Cited by13 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Burleson v. MaysSupreme Court of Alabama · 1914
- Ex Parte CairnsSupreme Court of Alabama · 1923
- Ex Parte WoodSupreme Court of Alabama · 1926
- Johnston v. JohnstonSupreme Court of Alabama · 1925
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