Tutwiler v. Atkins
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellant, P. A. Tutwiler, against the appellees.
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Appeal from the Chancery Court of Hale. Heard before the Hon. William H. Tayloe. The bill in this case was filed by the appellant, P. A. Tutwiler, against the appellees. The facts of the case, as shown on the present appeal, are the same as those disclosed on the former appeal, aud found reported in 98 Ala. 129. After the remandment of the cause, the complainant sought to amend his bill by averring therein the adverse holding by the complainant of the lands involved in the suit. This amendment was not allowed, and a decree was rendered striking the same from the file. On the submission of the…
1Opinion of the CourtHead, J.
— We have given this case careful consideration, and can see no reason to depart from what we said of it when it was here, upon substantially the same record, on a former appeal. — Atkins v. Tutwiler, 98 Ala. 129. The facts of the case are fully set forth in that opinion. We then determined that Tutwiler did not become a purchaser of the land, by virtue of his bid and payment of part thereof, at the attemptéd foreclosure of the Woodruff & North mortgage, but that he became thereby only a transferee in equity, pro tanto, of the mortgage ; the interest therein so acquired being in the…
2Cases cited2 opinions
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Atkins v. TutwilerSupreme Court of Alabama · 1893
3Cited by1 opinion
- Nichols v. NicholsSupreme Court of Alabama · 1913