Walden v. Speigner
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before the Hon. Leroy E. Bos. This action was brought by Mrs. Emily P. Walden, tbe widow of George S. Walden, deceased, against J. H. Speigner, to recover the possession of a bouse and lot in Talladega; and was commenced on tbe 23d of April, 1887. Tbe house and lot was tbe family residence of said George S. Walden at tbe time of. bis death, and was mortgaged by him in September, 1879, to L. E. Parsons, bis wife joining with…
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Appeal from tbe Circuit Court of Talladega. Tried before the Hon. Leroy E. Bos. This action was brought by Mrs. Emily P. Walden, tbe widow of George S. Walden, deceased, against J. H. Speigner, to recover the possession of a bouse and lot in Talladega; and was commenced on tbe 23d of April, 1887. Tbe house and lot was tbe family residence of said George S. Walden at tbe time of. bis death, and was mortgaged by him in September, 1879, to L. E. Parsons, bis wife joining with him in tbe conveyance. Tbe mortgage was assigned by Parsons to M. W. Cruikshanks, and tbe property was sold, under a…
1Opinion of the CourtStone, C. J.
I was dissatisfied with the ruling in Powers v. Andrews, 84 Ala. 289. I preferred then, and would still prefer, to follow the decisions made by this court in Paulling v. Meade, 23 Ala. 505, and Bailey v. Timberlake, 74 Ala. 221. I think the statute should be liberally interpreted, and that whoever, at the time of the sale, is the owner of the equity of redemption, or residuum of the estate, whether by purchase, succession, or by devolution, should be *381let in to redeem; in other words, that the statutory right to redeem, within two years after sale, should be the necessary resultant of the…
2Cases cited3 opinions
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Bailey, Davis & Co. v. TimberlakeSupreme Court of Alabama · 1883
- Paulling v. MeadeSupreme Court of Alabama · 1853
3Cited by6 opinions
- McDuffie v. FaulkSupreme Court of Alabama · 1926
- Taylor v. TaylorSupreme Court of Alabama · 1922
- Gaudy v. TippettSupreme Court of Alabama · 1908
- Robbins v. BrownSupreme Court of Alabama · 1907
- Pearman v. BattlesSupreme Court of Alabama · 1946
1 more not listed; retrieve them via the Exa API.