Atkins v. Tutwiler
Supreme Court of Alabama
Appeal from Hale Chancery Court. Heard before tbe Hon. Vm. H. Tayloe. Tbis bill was filed by P. A. Tutwiler, tbe appellee, against Florence E. Atkins, Mary B. Atkins and Yictor B. Atkins, claiming a riglit to pay to them the balance of complainant’s bid on land sold at mortgage sale at which be claims to have been tbe purchaser, and to have a deed executed to him; and also offering to redeem and pay off a prior mortgage to a Foreign Mortgage Company, transferred to and held…
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Appeal from Hale Chancery Court. Heard before tbe Hon. Vm. H. Tayloe. Tbis bill was filed by P. A. Tutwiler, tbe appellee, against Florence E. Atkins, Mary B. Atkins and Yictor B. Atkins, claiming a riglit to pay to them the balance of complainant’s bid on land sold at mortgage sale at which be claims to have been tbe purchaser, and to have a deed executed to him; and also offering to redeem and pay off a prior mortgage to a Foreign Mortgage Company, transferred to and held by said defendants, or some one of tbem. Tbe chancellor decreed that tbe complainant was entitled to tbe relief prayed,…
1Opinion of the CourtWalker, J.
In March, 1882, Florence R. Atkins, who then owned the land involved in this suit, mortgaged it to the Dundee Mortgage & Trust Investment Company, Limited. In April, 1886, she executed a second mortgage on the same land to Woodruff & North. On May 28, 1888, Woodruff & North offered the land for sale under the power of sale in the mortgage to them, and it was bid in by Tut-wiler, the complainant in the original bill and the appellee in this court, for the sum of $1,504.00. On this bid he paid in cash $700.00. It does not appear who was in possession of the land at the time of this sale, or…
2Cases cited6 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
- Comer v. BankheadSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States Fire Ins. Co. v. HechtSupreme Court of Alabama · 1935
- Greer v. WatsonSupreme Court of Alabama · 1911
- Tutwiler v. AtkinsSupreme Court of Alabama · 1894