McCalley v. Otey
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellees against the appellant; and sought to have enjoined a threatened sale of land under a power contained in a mortgage, and prayed to be allowed to redeem under the mortgage. The original bill was filed on July 19th, 1889. This is the third appeal in said cause.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellees against the appellant; and sought to have enjoined a threatened sale of land under a power contained in a mortgage, and prayed to be allowed to redeem under the mortgage. The original bill was filed on July 19th, 1889. This is the third appeal in said cause. The facts of the case are set out in full in the last report of the case, as found in the 99 Ala. 584. That appeal was taken from a decree of the chancellor, not allowing to the mortgagee interest on the mortgage…
1Opinion of the CourtColeman, J.
The facts of the case fully appear in the opinion and report of the case in 99 Ala. 584. After the remandment of the cause, the chancery court permitted the introduction of evidence upon the question of tender, and upon the submission of the cause upon this question ascertained that the tender had not been kept good, and decreed that the amount paid into court on the 21st of. March, 1890, was not the amount due respondent. The court allowed interest on the debt to the 21st of March, 1890, the date that the money was paid into court, and refused to allow interest to the date of the decree. In…
2Cases cited3 opinions
- Phillips v. TowlesSupreme Court of Alabama · 1882
- Hanson v. ToddSupreme Court of Alabama · 1891
- McCalley v. OteySupreme Court of Alabama · 1892
3Cited by7 opinions
- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
- Kinney v. PollakSupreme Court of Alabama · 1932
- Kinney v. PollakSupreme Court of Alabama · 1931
- Grief Bros. Cooperage Corp. v. StaceySupreme Court of Alabama · 1952
- Air Movers of America, Inc. v. State National BankSupreme Court of Alabama · 1973
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