Burns v. Mtg. Bond Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. B. Foster. Bill by E. J. Burns against the Mortgage Bond Company of New York and others to redeem from mortgage-foreclosure sale with cross bill by respondent to foreclose. From a degree dismissing both the original and the cross bill complainant appeals.
1Opinion of the CourtMayfield, J.
— This is a bill filed by appellant, a mortgagor, to exercise his equity of redemption. The bill is somewhat peculiar, in that it alleges that the original mortgagee had theretofore transferred and assigned his interest in the mortgage debt and the lands conveyed by the mortgage, thus showing that the original mortgagee has no interest in the matter. It is alleged, however, that the assignee, consignee, or grantee of the mortgage debt and premises was unknown to complainant, and could not be ascertained, and complainant therefore asks the court to aid him in ascertaining such party, and, when…
2Cases cited3 opinions
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Johnson v. SmithSupreme Court of Alabama · 1914
- National Building & Loan Ass'n v. CheathamSupreme Court of Alabama · 1902
3Cited by7 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
- MacKe v. ScacciaSupreme Court of Alabama · 1931
- Hawkins v. SnellingsSupreme Court of Alabama · 1951
- Cammack v. First Joint Stock Land Bank of MontgomerySupreme Court of Alabama · 1937
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