Grigg v. Banks
Supreme Court of Alabama
APPEAL from the Chancery Court of Montgomery. Heard before the Hon. HüRIOSCO Austill. The facts are contained in the opinion. 1. It is admitted by our own courts that a mortgagee may acquire and enforce against mortgaged premises a judgment lien for a distinct demand.—14 Ala. 483. And when such lien is prior to mortgage, it vests in the purchaser the whole title, subject to redemption.—27 Ala. 197; 37 Ala. 354. When a superior lien is enforced. against property, the…
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APPEAL from the Chancery Court of Montgomery. Heard before the Hon. HüRIOSCO Austill. The facts are contained in the opinion. 1. It is admitted by our own courts that a mortgagee may acquire and enforce against mortgaged premises a judgment lien for a distinct demand.—14 Ala. 483. And when such lien is prior to mortgage, it vests in the purchaser the whole title, subject to redemption.—27 Ala. 197; 37 Ala. 354. When a superior lien is enforced. against property, the subordinate ones are destroyed, and the property is subject to redemption clear of such subordinate liens.—11 111. 445; 13 111.…
1Opinion of the Court
BRICKELL, C. J.—
The bill wa's filed by the appellant, for the purpose of compelling a redemption of lands sold at sheriff’s sale under execution as the property of one Fleming-M. Gilmer, and purchased by the appellee. The material facts shown by the pleadings and proofs, are, that on the-18th day of December, 1874, the appellant recovered a judgment in the Circuit Court of Montgomery county against-said Gilmer, for the sum of three thousand dollars. The judgment was rendered in a suit commenced by attachment, a levy of the writ on the lands in controversy, having been made on the 23d day of…
2Cases cited7 opinions
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Addison v. Crow & JarvisCourt of Appeals of Kentucky · 1837
- Couthway v. BerghausSupreme Court of Alabama · 1854
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3Cited by17 opinions
- Western Union Telegraph Co. v. State Board of AssessmentSupreme Court of Alabama · 1885
- Harris v. MillerSupreme Court of Alabama · 1881
- Hayden v. SmithSupreme Court of Alabama · 1927
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
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