Johnson v. Davis
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by P. J. Johnson, as trustee in bankruptcy, against J. D. Davis, and others, to redeem lands of the bankrupt from a mortgage foreclosure. Prom a decree sustaining demurrers to the bill complainant appeals. The trustee in bankruptcy has a right under section 5746, Code 1907, and the provisions of the bankrupt law, to redeem land belonging to the bankrupt estate. — Robinson v. Denny, 57 Ala. 492; 1 Dands.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by P. J. Johnson, as trustee in bankruptcy, against J. D. Davis, and others, to redeem lands of the bankrupt from a mortgage foreclosure. Prom a decree sustaining demurrers to the bill complainant appeals. The trustee in bankruptcy has a right under section 5746, Code 1907, and the provisions of the bankrupt law, to redeem land belonging to the bankrupt estate. — Robinson v. Denny, 57 Ala. 492; 1 Dands. Chan. Practice, 58-62; U. S. v. Fox, 95 U. S. 538; Andreios v. Mather, 134 Ala. 358. Under the bill a sufficient excuse…
1Opinion of the CourtAnderson, J.
This bill is filed to enforce the statutory right of redemption in lands sold under a *145mortgage given by tlie bankrupt and of whose estate the complainant is the trustee under the bankruptcy act of 1898 (Acts July 1, 1898, c. 541, 30 Stat. 544 [IT. S. Oomp. St. 1901, p. 3418]).
Prior to Code 190,7, § 5746, an assignee of the “statutory right” of redemption could not redeem. Indeed, it has been repeatedly held that the statutory right of redemption, as distinguished from the equity of redemption, was a mere privilege or right personal to the debtor, that it was neither property nor the right of…
2Cases cited11 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Cramer v. WatsonSupreme Court of Alabama · 1882
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Perdue v. Brooks Bros.Supreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Slaughter v. WebbSupreme Court of Alabama · 1921
25 more not listed; retrieve them via the Exa API.