Keith v. McLaughlin
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellants against the appellees. This is the third appeal in the case, and the facts are substantially the same as shown, by the report on the former appeals, found in 99 Ala. 60, and 105 Ala. 339 ; and special reference 'is here made to the facts as therein set forth.
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Appeal from the Chancery Court of St. Clair. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellants against the appellees. This is the third appeal in the case, and the facts are substantially the same as shown, by the report on the former appeals, found in 99 Ala. 60, and 105 Ala. 339 ; and special reference 'is here made to the facts as therein set forth. The other facts necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof, the chancellor,…
1Opinion of the Court
HARALSON, J. —
The two former appeals in this case (99 Ala. 60; 106 Ala. 339) settle the equities in favor of the complainants' below, appellants here. They and their mother are the owners of the equity of redemption, by deed of conveyance from M. D. Goodwin, the mortgagor, given after he executed the mortgage. The attempted foreclosure of mortgage by the mortgagees, — who were the administrators of James Forman, to whom the mortgagor was indebted, — before the law day of the mortgage was inoperative and void as to complainants. The mortgagees, however, before the attempted foreclosure took…
2Cases cited5 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Daniel v. CokerSupreme Court of Alabama · 1881
- Sullivan v. McLaughlinSupreme Court of Alabama · 1891
- Davis v. LassiterSupreme Court of Alabama · 1852
3Cited by4 opinions
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- British & American Mortgage Co. v. NortonSupreme Court of Alabama · 1899
- Denton v. LindlerSupreme Court of Alabama · 1935
- Bickerton v. GutterySupreme Court of Alabama · 1899