Nichols v. Nichols
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill to redeem by J. P. Nichols against Robert B. Nichols. Decree for defendant, and complainant appeals. The notice of sale under the mortgage was as follows: Mortgage Sale.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill to redeem by J. P. Nichols against Robert B. Nichols. Decree for defendant, and complainant appeals. The notice of sale under the mortgage was as follows: Mortgage Sale. Under and by virtue of a mortgage executed to the undersigned, William'A. J. McClain, by J. P. Nichols and his wife, Nancy Nichols, and recorded in Mortgage Booh No. 336, page 230, in the office of the judge of probate of Jefferson county, state of Alabama, I will proceed to sell on Thursday, February 4th, 1904, at Birmingham, Alabama, before the…
1Opinion of the CourtMcCLELLAN, J.
The appellant was the complainant, and the appellee was the respondent, in the court *208below. The object of the bill was to' effect the redemption of real estate, under the equity to that end residing in the mortgagor (complainant), if there had been no foreclosure under the power of sale provided in the mortgage. The respondent’s right to or title in the real estate is asserted as of his purchase from McClain, the mortgagee, who is further asserted to have bought the property at foreclosure sale under the unquestioned power to the end provided in the mortgage. The respondent prevailed in the…
2Cases cited16 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Richards v. HolmesSupreme Court of the United States · 1856
- Gresham v. WareSupreme Court of Alabama · 1885
- Dickson v. ChornSupreme Court of Iowa · 1858
- McGehee v. Lehman, Durr &Co.Supreme Court of Alabama · 1880
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3Cited by6 opinions
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