Hughes & Tidwell Supply Co. v. Carr
Supreme Court of Alabama
Appeal from Circuit Court, Lawrence County; O. Kyle, Judge. Bill by the Hughes & Tidwell Supply Company against J. D. Carr and others, seeking to have a receiver appointed, for an accounting, creating a lien, foreclosing the mortgage, and for personal judgment over. From the decree rendered, complainant appeals.
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Appeal from Circuit Court, Lawrence County; O. Kyle, Judge. Bill by the Hughes & Tidwell Supply Company against J. D. Carr and others, seeking to have a receiver appointed, for an accounting, creating a lien, foreclosing the mortgage, and for personal judgment over. From the decree rendered, complainant appeals. The facts are sufficiently stated, in the statement made by Brown, J. The decree overruled the demurrers of the respondent to the original bill as well as the demurrers of complainant to the answer and cross-bill. The question propounded by this appeal is whether the lien of…
1Opinion of the CourtBrown, J.
[1] By the default of the mortgagor, the McColloch mortgage was discharged of its condition on December 1, 1914, and the estate of the mortgagee became absolute, subject only to an equity in the mortgagor to redeem from the forfeiture, which a court of equity, to prevent hardship and injustice, would raise and enforce on his application. McColloch. was then absolutely entitled to the‘land and its possession as of his title of February 14, 1914, created by the execution and delivery of the mortgage. Thompson & Co. v. Union Warehouse Co., 110 Ala. 499, 18 South. 105; Dennis v. McEntire…
2Cases cited13 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Comer v. SheehanSupreme Court of Alabama · 1883
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Sadler v. JeffersonSupreme Court of Alabama · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Buchmann v. CallahanSupreme Court of Alabama · 1930
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- R. W. Allen & Co. v. SandsSupreme Court of Alabama · 1927
- Biggers v. IngersollSupreme Court of Alabama · 1938
21 more not listed; retrieve them via the Exa API.