Legal Opinion

Garrett v. Federal Land Bank of New Orleans

Supreme Court of Alabama

Decided March 7, 1940No. 5 Div. 298PublishedCited by 7 opinions

1Opinion of the Court

BOULDIN, Justice.

The bill was filed by appellant to effectuate his statutory right of redemption in real estate, sold under mortgage. Complainant is the mortgagor. The question of moment on this appeal is whether there was error in decreeing the unpaid balance of the mortgage debt to be a lawful charge on redemption.

The controlling facts, as we view the case, are these:

On March 28, 1936, the mortgage being in default, the mortgagee, Federal Land Bank of New Orleans, foreclosed under power of sale and became the purchaser at $2,000, leaving an unpaid balance on the mortgage debt of $2,987.07.

So…

2Cases cited5 opinions

  1. Wilkes v. HoodSupreme Court of Alabama · 1939
  2. MacKe v. ScacciaSupreme Court of Alabama · 1931
  3. McAllister v. CatchingsSupreme Court of Alabama · 1923
  4. Rodgers v. StahmerSupreme Court of Alabama · 1938
  5. National Building & Loan Ass'n v. CheathamSupreme Court of Alabama · 1902

3Cited by7 opinions

  1. Cherokee County v. CunninghamSupreme Court of Alabama · 1953
  2. Clanahan v. MorganSupreme Court of Alabama · 1958
  3. Federal Land Bank of New Orleans v. VinsonSupreme Court of Alabama · 1944
  4. Matter of Estate of AmasonSupreme Court of Alabama · 1979
  5. Walker v. AmasonSupreme Court of Alabama · 1979

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