Perry v. Seals
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hou. C. P. Almon. Assumpsit by Robert L. Seals, as administrator against Frank M. Perry, to recover the excess of the amount brought at mortgage sale over the mortgagee’s proper demand. Judgment for plaintiff and defendant appeals.
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Appeal from Lauderdale Circuit Court. Heard before Hou. C. P. Almon. Assumpsit by Robert L. Seals, as administrator against Frank M. Perry, to recover the excess of the amount brought at mortgage sale over the mortgagee’s proper demand. Judgment for plaintiff and defendant appeals. The purchase money was the mortgage debt and costs of foreclosure without regard to what the mortgagee may have bid, and without regard to what may be the expression of consideration in the deed. — Bean v. Pearce, 151 Ala. 165. Even the overturning of the decision in the opinion in that case did not affect this…
1Opinion of the Court
McCLELLAN, J. —
E. M. Perry (appellant) loaned appellee’s testator, O. C. Seals, $11,500 on five different occasions, took five promissory notes therefor and a distinct mortgage on real estate to secure the payment of each note. Default having been made by the mortgagor, the mortgages were all foreclosed at one sale under the power of sale in each provided. At the date of the sale the combined principal and interest, in the aggregate, was $12,905.33. At the single foreclosure sale under the power the mortgagee was the highest bidder at his bid of $14,000 — a sum in considerable excess of the…
2Cases cited3 opinions
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Bean v. PearceSupreme Court of Alabama · 1907
- Seals v. RogersSupreme Court of Alabama · 1911
3Cited by13 opinions
- Union Bank & Trust Co. v. RoyallSupreme Court of Alabama · 1933
- Skidmore v. StewartSupreme Court of Alabama · 1917
- Alford v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1934
- Fellows v. BurkettSupreme Court of Alabama · 1929
- Pruett v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1934
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