Whiteman v. Taber
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Mary G. Taber against John S. Whiteman to redeem from mortgage foreclosure sale. From a decree overruling demurrers to this bill, respondent appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Mary G. Taber against John S. Whiteman to redeem from mortgage foreclosure sale. From a decree overruling demurrers to this bill, respondent appeals. The averments of the bill are that in 1915 M. L. Ashley and husband mortgaged the lands to Teague Hardware Company, and after default the same was sold under the power in the mortgage on February 23, 1917; that John S. Whiteman became the purchaser at said mortgage foreclosure sale, and that a deed was executed to him conveying all the right, interest, and title that the…
1Opinion of the CourtThomas, J.
The bill is for redemption of real estate from mortgage foreclosure. Respondent demurred on the grounds that there' was “no equity in the bill,” that the facts averred do “not show that the husband of said Mittie Whiteman assented to and concurred in the alleged assignment of her right of redemption by joining in her alleged alienation thereof in the manner prescribed by law for the execution of conveyances of land,” oi that she “owned the right to redeem said lands on, to wit, October 10, 1918, when it is alleged she assigned the same to complainant.”
Counsel for appellant say: the land, she…
2Cases cited54 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Ivy v. HoodSupreme Court of Alabama · 1918
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
49 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Crowson v. CodySupreme Court of Alabama · 1926
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
31 more not listed; retrieve them via the Exa API.