Cowley v. Shields
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thos. H. Smith. Bill by William B. Shields against William Cowley, to redeem from a mortgage foreclosure sale. From a decree for complainant, respondent appeals.
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Appeal from Mobile Chancery Court. Heard before Hon. Thos. H. Smith. Bill by William B. Shields against William Cowley, to redeem from a mortgage foreclosure sale. From a decree for complainant, respondent appeals. At the time of the execution of the mortgage only four classes of persons were permitted to redeem after foreclosure and the assignee of the statutory right of redemption was not among these classes. — Commercial Association. v. Parker, 84 Ala. 298; Wallace v. Mark-stein, 147 Ala. 203; Gandy v. Tippett, 155 Ala. 296. When the mortgage was foreclosed section 5746, Code 1907, was in…
1Opinion of the CourtAnderson, J.
This bill was filed by the appellee to redeem as the assignee of the mortgagor’s statutory right of redemption from a purchaser under a mortgage sale made since the Code of 1907, but which said sale was made under a mortgage executed prior to the said Code. The purchaser being an outsider, and not a party to the mortgage contract, and the statute authorizing-redemption by the assignee of the statutory right, being-in full force at the time of his said purchase, he cannot complain of same'; nor can he invoke the Constitution as against the impairment of a contract to which he was a stranger.…
2Cases cited14 opinions
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Connecticut Mutual Life Insurance v. CushmanSupreme Court of the United States · 1883
- Hooker v. BurrSupreme Court of the United States · 1904
- Howard v. BugbeeSupreme Court of the United States · 1861
- Bradley v. LightcapSupreme Court of the United States · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Ivy v. HoodSupreme Court of Alabama · 1918
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Hargett v. Franklin CountySupreme Court of Alabama · 1925
17 more not listed; retrieve them via the Exa API.