Stewart v. Anderson
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mobile. On the 5th of October, 1843, the plaintiff in error filed his bill for the foreclosure of the equity of redemption of the defendant, Anderson, and the sale of certain real estate which the latter had previously conveyed by way of ¡mortgage. The facts of the case, as they are gathered from the bill, am swer and exhibits may be thus condensed.
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Writ of Error to the Court of Chancery sitting at Mobile. On the 5th of October, 1843, the plaintiff in error filed his bill for the foreclosure of the equity of redemption of the defendant, Anderson, and the sale of certain real estate which the latter had previously conveyed by way of ¡mortgage. The facts of the case, as they are gathered from the bill, am swer and exhibits may be thus condensed. On the 21st December, 1841, Anderson executed the mortgage in question, for the consideration, as recited, of $1,816 15, paid to him by Jacob Page, the mortgagee. The operative terms of the…
1Opinion of the CourtCollier, C. J.
It is conceded by the defendant’s counsel, that the mortgage to Page was not avoided by the proceedings in bankruptcy, which resulted in the mortgagor’s *508discharge from his debts, which were proveable under the commission. As the case is presented upon the record, this is the obvious conclusion from the last proviso of the second section of the act of 1841. The question is, whether the defendant by his purchase under the mortgage from Page to the bank acquired a title to the premises which he could successfully assert against his mortgagee ? It is stated as a principle of the common law, that…
2Cases cited1 opinion
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
3Cited by24 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Porter v. HendersonSupreme Court of Alabama · 1919
- Trauner v. LowreySupreme Court of Alabama · 1979
- Harris v. MillerSupreme Court of Alabama · 1881
- Cox v. BrownSupreme Court of Alabama · 1916
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