Bugbee v. Howard
Supreme Court of Alabama
[bill in equity by judgment creditor por redemption op lands sold under DECREE OP PORECLOSDRE IN CHANCERY.] Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Francis Bugbee, against Thacker B. Howard, and sought to redeem a certain tract of land, which had been sold under a decree of foreclosure in chancery, and bought at the sale by said Howard.
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[bill in equity by judgment creditor por redemption op lands sold under DECREE OP PORECLOSDRE IN CHANCERY.] Appeal from the Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Francis Bugbee, against Thacker B. Howard, and sought to redeem a certain tract of land, which had been sold under a decree of foreclosure in chancery, and bought at the sale by said Howard. The mortgage, under which the land was sold, was executed by Enoch Parsons to Mrs. Sarah Tait, on the 9th December, 1836, to secure the payment of nine promissory notes, which fell due, at…
1Opinion of the CourtWalker, J.
This case presents the question, whether the redemption law of 1842, in its operation upon preexisting mortgages, is constitutional. If the effect of that *715law is to impair the obligation of the contract between the mortgagor and. mortgagee, it violates the 19th section of the first article of the constitution of the State of Alabama, and the tenth section of the first article of the constitution of the United States.
Our statute of 1825, allowing the redemption of real estate sold unde fieri facias is in every particular identical with that which' allows the redemption of land sold under a…
2Cases cited9 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Green v. BiddleSupreme Court of the United States · 1823
- McCracken v. HaywardSupreme Court of the United States · 1844
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Chadwick v. MooreSupreme Court of Pennsylvania · 1844
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3Cited by10 opinions
- Travelers Insurance v. MarshallTexas Supreme Court · 1934
- Martin v. HewittSupreme Court of Alabama · 1870
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Cowley v. ShieldsSupreme Court of Alabama · 1912
- Curry v. LandersSupreme Court of Alabama · 1859
5 more not listed; retrieve them via the Exa API.