Pryor v. Hollinger
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the transcript does not show, by Robert Hollinger and Alex. Hollinger, against John M. Nored, aad afterwards revived against George "W. Pryor as his administrator; and sought the cancellation of a mortgage, and a redemption and account under it. The mortgage was signed by said Robert and Alex.
Read the full summary
Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the transcript does not show, by Robert Hollinger and Alex. Hollinger, against John M. Nored, aad afterwards revived against George "W. Pryor as his administrator; and sought the cancellation of a mortgage, and a redemption and account under it. The mortgage was signed by said Robert and Alex. Hollinger, but not by their wives; was dated January 2d, 1884; purported to secure an indebtedness of $1,546.40, conveyed a tract of land, with certain personal property, and…
1Opinion of the CourtMoCLELLAN, J.
This is a bill filed to set aside a defective sale' made under, and for the redemption of land from, a mortgage executed by appellees, who are complainants below, to appellant’s intestate, one Nored. The land having been sold under a power to that end embodied in the instrument, but which did not authorize a purchase by the mortgagee, the bill proceeds, with appropriate allegations, on the theory that the sale was voidable, on the ground that the mortgagee was in truth the purchaser at his own sale; and we have no difficulty in concurring with the chancellor that the testimony fully supports…
2Cases cited6 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Adams v. SayreSupreme Court of Alabama · 1881
- Ezzell v. WatsonSupreme Court of Alabama · 1887
- Whelan v. McCrearySupreme Court of Alabama · 1879
- Tatum Bros. v. WalkerSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Beatty v. BrownSupreme Court of Alabama · 1893
- Williams v. NolandSupreme Court of Alabama · 1920
- Farley v. NagleSupreme Court of Alabama · 1898
- Gordon v. SmithCourt of Appeals for the Fifth Circuit · 1894