Mussina v. Bartlett
Supreme Court of Alabama
Error to the Circuit court of Mobile, exercising chancery jurisdiction. Bill of foreclosure, tried before Harris, J. In this case, the defendant failed to appear and answer, and the bill was referred to the clerk and master to take an account. The defendant appeared before the master to contest the claim of complainant, and exceptions were filed to the report, which were overruled.
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Error to the Circuit court of Mobile, exercising chancery jurisdiction. Bill of foreclosure, tried before Harris, J. In this case, the defendant failed to appear and answer, and the bill was referred to the clerk and master to take an account. The defendant appeared before the master to contest the claim of complainant, and exceptions were filed to the report, which were overruled. The defendant was foreclosed of his equity of redemption, and the mortgaged premises ordered to be sold, unless the amount claimed was paid by defendant. To reverse this decree, a writ of error was taken, and the…
1Opinion of the CourtCollier, C. J.
— In the arguments at the bar, the following points have been raised upon the assignments of error:
1. Where a defendant, served with subpoena in chancery, neglects to appear, so that the bill is taken pro con-fesso against him, and referred to the clerk and master to take and report an account, is it necessary that it should appear from the report made under the reference, that the defendant had notice of the time and place of taking the account?
2. Where a party executes a mortgage for the security of several sums of money, payable to the same person, and to fall due at different times, if on…
2Cited by22 opinions
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Levert v. RedwoodSupreme Court of Alabama · 1839
- Ex Parte VaughnSupreme Court of Alabama · 1921
- Madden v. FloydSupreme Court of Alabama · 1881
- McEntire v. McEntireSupreme Court of Alabama · 1925
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