Pitts v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the appellants against the appellees. The facts of the case are sufficiently stated in the opinion. -While it may be true that sub-vendees of property subject to a mortgage have a right to ask that the property be sold in inverse order of alienation such right is lost by failure to assert the same before foreclosure.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the appellants against the appellees. The facts of the case are sufficiently stated in the opinion. -While it may be true that sub-vendees of property subject to a mortgage have a right to ask that the property be sold in inverse order of alienation such right is lost by failure to assert the same before foreclosure. This was expressly decided by the Supreme Court of Illinois in the case of Hosmer v. Campbell, 98 111. 572, where it was held that “Where several tracts of land are…
1Opinion of the CourtTyson, J.
The appeal in this cause is prosecuted by the complainants who are minors from a decree sustaining a demurrer to their bill of complaint. The facts alleged upon which they predicate their right to the relief sought by the bill may be briefly stated as follows: The father and mother, of the complainants executed a mortgage to the respondent Mortgage Company in the year 1886 upon six hundred and eighty acres of land belonging to the father. About one year after the execution of this mortgage, the father of complainants executed to his wife, their mother, a warranty deed for valuable…
2Cases cited7 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
- Matteson v. ThomasIllinois Supreme Court · 1866
- Howser v. CruikshankSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Lord v. BlueSupreme Court of Alabama · 1917
- Costa & Head (Birmingham One), Ltd. v. National Bank of Commerce of BirminghamSupreme Court of Alabama · 1990
5 more not listed; retrieve them via the Exa API.