Waldrop v. Friedman & Loveman
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 12th January, 1889, by Wm. S. Waldrop and others, children and heirs at law of Ezekiel Waldrop, deceased, against the partners composing the firm of Friedman & Loveman; and sought to redeem a tract of land, of which the defendants were alleged to be in possession as mortgagees, with an account of the rents and profits.
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 12th January, 1889, by Wm. S. Waldrop and others, children and heirs at law of Ezekiel Waldrop, deceased, against the partners composing the firm of Friedman & Loveman; and sought to redeem a tract of land, of which the defendants were alleged to be in possession as mortgagees, with an account of the rents and profits. The land had belonged to said Ezekiel Waldrop, who died, intestate, on the 16th -Inly, 1883; and he had conveyed it by mortgage duly executed, dated April…
1Opinion of the CourtMcOLELLAN, J.
-The present bill is exhibited to redeem a tract of land from mortgagees in possession. By appropriate allegations, it anticipates a defense resting on the acquisition of an independent title by purchase at a sale made under a venditioni exponas. The order of sale was made by the Circuit Court of Tuskaloosa, on a judgment rendered by a justice of the peace against complainants’ ancestor, an execu*159lion issued thereon, a levy thereof on the land sought to be redeemed, and a return of all the papers into the Circuit Court. The infirmity in respondents’ title under these proceedings, which is…
2Cases cited9 opinions
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
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