Barron, Meade & Co. v. Paulling
Supreme Court of Alabama
Appeal from tile Chancery Court of Marengo. Heard before the Hon. James B. Clark.- The'material Facts of this- case, stated in the order of their occurrence, are these: 111' August, 1846, one James McNaughten executed a mortgage, by which he conveyed a tract of land to Barron, Meade & Co., to secure the payment of a promissory note therein described, and which contained a power of sale in the event of the non-payment •of the note on or before the 1st January, 1847. The land…
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Appeal from tile Chancery Court of Marengo. Heard before the Hon. James B. Clark.- The'material Facts of this- case, stated in the order of their occurrence, are these: 111' August, 1846, one James McNaughten executed a mortgage, by which he conveyed a tract of land to Barron, Meade & Co., to secure the payment of a promissory note therein described, and which contained a power of sale in the event of the non-payment •of the note on or before the 1st January, 1847. The land was sold by the sheriff, on the first Monday in January, 1849, under a venditioni exponas issued from the circuit…
1Opinion of the CourtA. J. Walker, C. J.
-The bill in this ease is to be regarded as filed by the assignee of an equity of redemption, for the purpose of redeeming the mortgaged lands. — Paulling v. Barron, Meade & Co., 32 Ala. 9. It appears very, conclusively, that the mortgagees were never in possession of the laud, until the recovery in the action of trespass to try titles'by Meade against the complainant ; and we have no evidence that.either of them ever received any rent for the land after that- recovery. Lesueur, the only witness who testifies on the subject* deposes that, the houses and fences having-.gone into decay,' he,-…
2Cases cited4 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Paulling v. Barron, Meade & Co.Supreme Court of Alabama · 1858
- Wittick v. TraunSupreme Court of Alabama · 1854
3Cited by7 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Dozier v. MitchellSupreme Court of Alabama · 1880
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Alexander v. HicksSupreme Court of Alabama · 1942
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