Johnson v. Smith
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Tempie Smith against Dave Johnson to redeem land from mortgage, with cross-bill for foreclosure. Prom a decree granting the relief prayed in the original bill, and denying relief under the cross-bill, respondent appeals.
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Appeal from Elmore Chancery Court. Heard before Hon. W. W. Wi-iiteside. Bill by Tempie Smith against Dave Johnson to redeem land from mortgage, with cross-bill for foreclosure. Prom a decree granting the relief prayed in the original bill, and denying relief under the cross-bill, respondent appeals. The bill alleges that Tempie Smith was married in 1901 to Berry Smith, who was in possession of and owned 160 acres of land described in the bill, and that he continued to own the land until his death in 1909, and that he died seised and possessed of said lands and none other, and left surviving…
1Opinion of the CourtMayfield, J.
Appellee, as mortgagor, filed this her bill against appellant as assignee of a certain mortgage. The sole purpose of the mortgagor is to redeem the land from, the mortgage. The right of redemption sought to be exercised is the equitable right, and not the statutory right.(1) The bill alleges a sufficient excuse for not tendering the amount due and necessary to be paid, on redemption, before the filing of the bill. It appears that *524complainant is an ignorant and uneducated negro woman, that she was ignorant of the exact amount due, that the respondent was claiming as due an amount largely in…
2Cases cited2 opinions
- Root v. JohnsonSupreme Court of Alabama · 1891
- Presnall v. Burgess & Co.Supreme Court of Alabama · 1913
3Cited by20 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
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