Braun v. Pettyjohn
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before 1-Ion. A. IT. Benners; Bill by Caroline Braun against L. C. Pettyjohn and others, to foreclose a mortgage. Decree for respondents and complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before 1-Ion. A. IT. Benners; Bill by Caroline Braun against L. C. Pettyjohn and others, to foreclose a mortgage. Decree for respondents and complainant appeals. The complainant had an undoubted right to foreclose, as such right could not arise until the mortgage was executed and became a deed, both of which were within twenty years before filing the bill. — Coyle v. Wilkins, 57 Ala. 108; Bailey v. Butler, 138 Ala. 153; Dobson v. Hurley, 129 Ala. 380; Hooper v. Pearce, 151 Ala. 517; Goodwin v. Baldwin, 59 Ala. 127; Austin v. Jordan, 35 Ala. 642.…
1Opinion of the CourtSimpson, J.
The bill in this case is by the appellant to foreclose a mortgage executed by the defendant Louis Braun (who is complainant’s husband), and joined in by complainant, to Elizabeth Biehl, who Avas complainant’s mother. The mortgage was executed on July 16, 1890, to secure a note previously made, to wit, October 25, 1886, and payable October 25, 1887. No law day is fixed in the mortgage, but it is simply conditioned on the payment of the debt. On April 1, 1891, the property in question was sold by said Louis Braun, and conAreyed by deed executed by himself and wife, to the defendant L. G.…
2Cases cited6 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Rives v. MorrisSupreme Court of Alabama · 1895
- Salmon v. WynnSupreme Court of Alabama · 1907
- Bailey v. ButlerSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- AMER. GEN. LIFE AND ACC. INS. v. UnderwoodSupreme Court of Alabama · 2004
- Patterson v. WeaverSupreme Court of Alabama · 1927
- Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937
- Ballenger v. Liberty National Life Insurance CompanySupreme Court of Alabama · 1960
9 more not listed; retrieve them via the Exa API.