Henderson Law Co. v. Wilson
Supreme Court of Alabama
Appeal from Coffee Chancery Court. Heard before Hon. W. O. Mulkey, Special Judge. Bill by W. J. Wilson against the Henderson-Law Company to restrain foreclosure sale. Decree for complainant overruling demurrers to the bill and respondent appeals.
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Appeal from Coffee Chancery Court. Heard before Hon. W. O. Mulkey, Special Judge. Bill by W. J. Wilson against the Henderson-Law Company to restrain foreclosure sale. Decree for complainant overruling demurrers to the bill and respondent appeals. Mortgage may provide that the sale should take place before the maturity or after the maturity of the debt, and at public or private sale.— Gassenheimer v. Moulton, 80 Ala. 521; Mortgage Co. v. Steioard, 92 Ala. 168; Durden v. Whetstone, 92 Ala. 480; Woodruff v. Adair, 181'Ala. 530. The provision in the mortgage authorizing the mortgagee upon the…
1Opinion of the CourtAnderson, J.
A court of equity has no jurisdiction to restrain or set aside a sale of mortgaged property, provided the mortgagee keeps within the terms of the power of sale and no case of fraud or oppression he shown. But if the power he attempted or exercised so as to pervert it from its legitimate purpose, and to use. it for the purpose of oppressing the debtor, or of enabling the creditor to acquire the property himself, a court *506of equity will enjoin the sale, or will set it aside afterwards. — 2 Jones on Mortgages, § 1801; Struve v. Childs, 63 Ala. 473; Vaughan v. Marable, 64 Ala. 60; Wittmeier v.…
2Cases cited3 opinions
- Wittmeier v. TidwellSupreme Court of Alabama · 1906
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Struve v. ChildsSupreme Court of Alabama · 1879
3Cited by11 opinions
- Lavretta v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Castleman v. KnightSupreme Court of Alabama · 1927
- First Nat. Bank of Birmingham v. FormanSupreme Court of Alabama · 1935
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1922
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