Johns v. Anchors
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary,Anchors by L. W. Johns to enforce statutory redemption. From a decree for complainant, respondent appeals. It would be inequitable and unjust for the wife of a mortgagor to be permitted to deprive the purchaser of the land Avithout the payment of the purchase price.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Mary,Anchors by L. W. Johns to enforce statutory redemption. From a decree for complainant, respondent appeals. It would be inequitable and unjust for the wife of a mortgagor to be permitted to deprive the purchaser of the land Avithout the payment of the purchase price. It Avould be inequitable to permit the complainant to redeem the land as a judgment creditor. — McGough v. Shceetser, 97 Ala. 361. The judgment Avas collusive and she could not redeem.— Section 3510, Code 1896. Johns himself had a judgment and…
1Opinion of the CourtMcCLELLAN, J.
— Bill to enforce statutory redemption, and the relief sought was granted by the chancellor. E. H. Anchors purchased for $1,200 from appellant, Johns, the real estate described in the bill, paying in cash $200, and giving his notes, secured by mortgage on the land, for the $1,000 balance. The complainant (appellee), the wife-of Anchors, joined in the execution of the notes and mortgage. On default in payment of the notes, the mortgage was validly, the record shows, foreclosed under the power provided, and one Truss became the purchaser at the sale on his bid of $50. Latterly Johns purchased…
2Cases cited3 opinions
- Couthway v. BerghausSupreme Court of Alabama · 1854
- Walker, Mead & Co. v. BallSupreme Court of Alabama · 1864
- Lampley v. Weed & Co.Supreme Court of Alabama · 1855
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- Saenger Theatres Corporation v. McDermottSupreme Court of Alabama · 1940
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