Fuller v. Varnum
Supreme Court of Alabama
Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by M. T. Varnum against Charles E. Fuller and others. From a decree sustaining defendant’s demurrer to the bill, but overruling their motion to dismiss for want of equity, they appeal. This was a bill seeking to redeem certain lands described therein from foreclosure sale under the power contained in a mortgage executed by W. J. Varnum to J. S. Koonce.
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Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by M. T. Varnum against Charles E. Fuller and others. From a decree sustaining defendant’s demurrer to the bill, but overruling their motion to dismiss for want of equity, they appeal. This was a bill seeking to redeem certain lands described therein from foreclosure sale under the power contained in a mortgage executed by W. J. Varnum to J. S. Koonce. The allegations of the bill are, briefly, that W. J. Varnum executed a mortgage to Koonce on certain lands to secure an indebtedness of $174.25; the transfer of the…
1Opinion of the Court
TYSON, J.-
This appeal is by the respondents from a decree sustaining their demurrer to the bill of complaint, but overruling their motion- to dismiss it for want of equity. • ■ -
It is first insisted that the motion should have .been granted because the bill fails to aver that complainant tendered the purchase price paid at foreclosure • sale, with 10 per cent, thereon; that it only avers- a tender of $249, the price paid, at said sale. In a previous -paragraph, however, it is averred that only $200. was the purchase price paid at the foreclosure sale. The note and mortgage showing the amount…
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