Beebe v. Buxton
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellant, Eugene Beebe; and sought to redeem from the appellee, W. H. Buxton, certain real estate which had been sold under the power of sale contained in a mortgage by said Beebe & m Henshaw, the said Buxton being the purchaser at said sale.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed by the appellant, Eugene Beebe; and sought to redeem from the appellee, W. H. Buxton, certain real estate which had been sold under the power of sale contained in a mortgage by said Beebe & m Henshaw, the said Buxton being the purchaser at said sale. The bill was filed on the last day within two years after the sale, and avers the execution of the mortgage, default in the payment of the debt secured thereby, the sale under the power, the purchase by said Buxton at said sale, and…
1Opinion of the CourtWalker, J.
The statutory right of redemption is purely the creature of legislation, and can only be exercised by the persons named in the statute, in the mode, within the time and upon the conditions there prescribed.—Powers v. Andrews, 84 Ala. 289. One of- the essential conditions to the exercise of the right is the payment or tender by the redemptioner to the purchaser or his vendee of the purchase-money with ten per cent, per annum thereon, and all other lawful charges. Code, § 1881; Acts of Ala., 1888-89, p. 764. The statute not specifically prescribing the mode in which the tender must be made, the…
2Cases cited8 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Thomas v. JonesSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Allison v. CodySupreme Court of Alabama · 1921
- Francis v. WhiteSupreme Court of Alabama · 1904
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Upchurch v. WestSupreme Court of Alabama · 1937
9 more not listed; retrieve them via the Exa API.