Pitts v. American F. L. Marketing Co.
Supreme Court of Alabama
Appeal from Shelby Chancery Court. Heard before Hon. R. D. Kelly. Bill by Walter C. Pitts and other, against the American Freehold land Mortgage Company of London Limited, to set aside a foreclosure sale and to redeem. From a decree granting complainant’s insufficient relief, they appeal.
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Appeal from Shelby Chancery Court. Heard before Hon. R. D. Kelly. Bill by Walter C. Pitts and other, against the American Freehold land Mortgage Company of London Limited, to set aside a foreclosure sale and to redeem. From a decree granting complainant’s insufficient relief, they appeal. Appellants have the right to set aside the sale as to the 200 acres because the mortgagees purchased at the sale without authority to do so. — Pitts v. Mortgage Go., 123 Ala. 469; Lovelace v. Hutchinson, 106 Ala. 416; Alexander v. Hill, 88 Ala. 487. The court properly credited the mortgage debt with the…
1Opinion of the CourtMcCLELLAN, J.
— This is the second appeal in this cause, and, since the important facts involved are set forth in the report on the former appeal, we will not repeat them. —Pitts v. Morgage Co., 123 Ala. 469, 26 South. 286. The foreclosure of the mortgage, in conformity to the power therein conferred, by a sale of the 680 acres described in the instrument, operated to effect- ■ *59ually cut off the equity of redemption, by whomsoever held at the date of the sale, subject to the seasonably asserted right to disaffirm (and to redeem) the sale, rendered voidable by the unauthorized purchase thereat by the…
2Cases cited3 opinions
- Garland v. WatsonSupreme Court of Alabama · 1883
- McCall v. MashSupreme Court of Alabama · 1889
- Pitts v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1898
3Cited by8 opinions
- Vines v. WilcuttSupreme Court of Alabama · 1924
- Costa & Head (Birmingham One), Ltd. v. National Bank of Commerce of BirminghamSupreme Court of Alabama · 1990
- Williams v. WilsonSupreme Court of Alabama · 1920
- Cooper v. PeakSupreme Court of Alabama · 1952
- Garris v. a & M Forest Consultants, Inc.Supreme Court of Alabama · 1988
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