Mims v. Mims
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne, Heard before the Hon. Wade Keyes. The bill in this case was filed by Cullen Mims, against Stanford Mims and the heirs-at-law of John J. Sessions, deceased ; and sought to foreclose a mortgage on a tract of land.
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Appeal from the Chancery Court at Claiborne, Heard before the Hon. Wade Keyes. The bill in this case was filed by Cullen Mims, against Stanford Mims and the heirs-at-law of John J. Sessions, deceased ; and sought to foreclose a mortgage on a tract of land. The mortgage was executed by said Sessions, on the 14th February, 1855 ; and acknowledged an indebtedness on his part to Cullen Mims, “ in the sum of one hundred and twenty-two 40-100 dollars, to be paid on or before the first day of May next, and the further sum of five hundred dollars, to be paid on or before the first day of January…
1Opinion of the CourtA. J. Walker, C. J.
By the sale under execution, the entire interest of Sessions, the mortgagor, passed from him, as fully as it could have done by a sale made by himself. — Code, § 2455. After the entire interest of the mortgagor had thus been transferred to the purchaser at the sale under execution, the mortgagor was .not an indispensable or necessary party defendant to the mortgagee’s bill to foreclose the mortgage; and so, after his de$ith, his heirs would not have been necessary parties defendant. — Batre v. Auze, 5 Ala. 173; Story’s Eq. Pl. § 197.' .
[2.] Stanford Mims, the purchaser at the sale under…
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