New England Mortgage Security Co. v. Fry
Supreme Court of Alabama
Appeal from the City Court of Selma, iu Equity. Heard before the 1-Ion. J. W. Mabby. It will only be necessary to set out such facts as do not sufficiently appear in the opinion of the court.
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Appeal from the City Court of Selma, iu Equity. Heard before the 1-Ion. J. W. Mabby. It will only be necessary to set out such facts as do not sufficiently appear in the opinion of the court. The mortgages by Thomas Gill Gayle to complainant, Anna M. Fry, and to Billups J. Gayle, were each executed and recorded on December 15, 1880. Prior to the execution of these instruments, to-wit, on November 22, 1880, the sheriff of Dallas, county, under an execution against Thomas Gill Gayle, had sold and conveyed the lands embraced in said mortgages to Mrs. S. J. Beard, ¡a® executrix. Mrs. Beard…
1Opinion of the CourtMoCLELLAN, C. J.
The bill in this case was filed on February 14th, 1898, by Mrs. Fry, for the foreclosure of a mortgage executed to the complainant on December 15th, 1880. by Thomas Gill Gayle. The mortgage originally covered an undivided interest in certain lands which were subsequently partitioned. The bill prays the sale of the lands, assigned in the partition proceedings to the mortgagor. It appears from the bill that the interest of the mortgagor in the land had been subsequently conveyed to the New England Mortgage Security Company, and it is properly made the sole party defendant.
The New England…
2Cases cited7 opinions
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Smith v. GillamSupreme Court of Alabama · 1885
- Roach v. PrivettSupreme Court of Alabama · 1890
- Swann & Billups v. GastonSupreme Court of Alabama · 1888
- New England Mortgage Security Co. v. Hirsch Bros.Supreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Ratliff v. RatliffSupreme Court of Alabama · 1937
- Ex Parte JonesSupreme Court of Alabama · 1945
- Pittman v. PittmanSupreme Court of Alabama · 1945
- Mitchell v. West End Park Co.Supreme Court of Georgia · 1930
17 more not listed; retrieve them via the Exa API.