Cornelius v. Bishop
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Bill to redeem from foreclosure by M. L. Cornelius (formerly Woodham), on behalf of herself and her minor children, by her bus band, Woodham, against Richard Bishop and others. Decree for respondents, and complainants appeal. There was no authority given the mortgagee to purchase at her sale, and complainants had the right to disaffirm and redeem. 88 Ala. 487, 7 South. 238, 16 Am.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Bill to redeem from foreclosure by M. L. Cornelius (formerly Woodham), on behalf of herself and her minor children, by her bus band, Woodham, against Richard Bishop and others. Decree for respondents, and complainants appeal. There was no authority given the mortgagee to purchase at her sale, and complainants had the right to disaffirm and redeem. 88 Ala. 487, 7 South. 238, 16 Am. St. Rep. 55. The purchaser is regarded as the assignee of the mortgage, and is accountable to the mortgagor in all respects as the mortgagee. 187…
1Opinion of the CourtMiller, J.
On the 13th day of September, 1905, G. W. Woodham and his wife executed a mortgage to Mary P. Harwell on 85 acres of land to secure debt of $600, evidenced by three promissory notes for $200 each. This mortgage contained a power of sale, but did not authorize the mortgagee, her transferee or assignee, to purchase the property at the sale. The mortgage was duly recorded in the probate office of Marshall county, the county in which the land was located, on the 14th day of September, 1905.
On November 17, 1908, the mortgagee transferred the debt and mortgage to L. V. Buc'k.alew; and on the 30th…
2Cases cited12 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Alexander v. HillSupreme Court of Alabama · 1889
- Lovelace v. HutchinsonSupreme Court of Alabama · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Pollard v. PollardSupreme Court of Alabama · 1922
- Vick v. BishopSupreme Court of Alabama · 1949
- Sherrod v. Hollywood Holding CorporationSupreme Court of Alabama · 1937
- Hoffman v. JordanSupreme Court of Alabama · 1955
2 more not listed; retrieve them via the Exa API.