Legal Opinion

Stewart v. Stephenson

Supreme Court of Alabama

Decided October 8, 1942No. 8 Div. 174PublishedCited by 7 opinions

1Opinion of the Court

BOULDIN, Justice.

Appellant, as junior mortgagee of real estate, filed his bill to effectuate a statutory right of redemption coming into being upon the foreclosure of a senior mortgage. Respondents, purchasers at the foreclosure sale, interposed demurrers to the bill as amended. The court sustained the equity of the bill as regards complainant’s right of redemption, but sustained demurrers challenging the terms upon which complainant offered to redeem. Complainant appeals from that decree.

The sole inquiry presented by the record is what are the lawful charges upon redemption under the…

2Cases cited6 opinions

  1. Jones v. MatkinSupreme Court of Alabama · 1897
  2. Fouche v. SwainSupreme Court of Alabama · 1885
  3. Francis v. WhiteSupreme Court of Alabama · 1910
  4. A. M. Robinson Co. v. Anniston Land Co.Supreme Court of Alabama · 1928
  5. Dennis v. McEntire Mercantile Co.Supreme Court of Alabama · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. First Nat. Bank v. Gilbert Imported Hardwoods, Inc.Supreme Court of Alabama · 1981
  2. St. Clair Industries, Inc. v. Harmon's Pipe & Fitting Co.Supreme Court of Alabama · 1968
  3. Southeast Enterprises, Inc. v. ByrdSupreme Court of Alabama · 1998
  4. Morgan Plan Company v. BruceSupreme Court of Alabama · 1955
  5. Bankr. L. Rep. P 71,663 in the Matter of Richard Lee Fox and Marlyce Kay Fox, Debtors, Peter F. Herrell, Trustee-Appellant, Ettrick State Bank and Union Bank of Blair, Creditors-AppelleesCourt of Appeals for the Seventh Circuit · 1987

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