Trammel v. Simmons
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Henry. The facts of this case, so far as it is necessary to notice them, may be thus condensed. Moses Mathews obtained a decree for the foreclosure of a mortgage, and a sale of the mortgaged premises, against John M. Kimmey.
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Writ of Error to the Court of Chancery sitting in Henry. The facts of this case, so far as it is necessary to notice them, may be thus condensed. Moses Mathews obtained a decree for the foreclosure of a mortgage, and a sale of the mortgaged premises, against John M. Kimmey. Among other things, the decree directs that the Register “ execute a deed, or deeds, of conveyance to the purchaser or purchasers, and that they respectively be let into possession of the premises, which may be by them purchased.” The defendant in error became the purcha* ser of a part of the land, and gave notice of the…
1Opinion of the CourtCollier, C. J.
The plaintiff’s counsel have called our attention to what are supposed to be errors in the record of the cause between Mathews and Kimmey. It is enough to saj'-, in answer to these, that even if they were available in a direct proceeding between the parties to the decree, they cannot be noticed at the instance of a stranger.
True, the decree directs, that the purchasers at the sale by the Register, should be let into possession, but, if this order can operate, so as to warrant the adoption of coercive measures, it cannot affect any one but the mortgagor himself, or, possibly, his tenant. In…
2Cases cited2 opinions
- Creighton v. PaineSupreme Court of Alabama · 1841
- Creighton v. Planters & Merchants BankSupreme Court of Alabama · 1841
3Cited by4 opinions
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Thompson v. CampbellSupreme Court of Alabama · 1876
- Hooper v. YongeSupreme Court of Alabama · 1881
- Cooper v. CloudSupreme Court of Alabama · 1915