Ensley Mortgage & Realty Co. v. Lewis
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Bill by the Ensley Mortgage & Realty Company against Ivey P. Lewis to effect a redemption of land from sale under an execution. Decree for respondent, and complainant appeals. The bill alleges: That on December 12, 1912, complainant, for a valuable consideration, purchased from J. J. Braswell the following described property or land situated in Jefferson county, Ala.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Bill by the Ensley Mortgage & Realty Company against Ivey P. Lewis to effect a redemption of land from sale under an execution. Decree for respondent, and complainant appeals. The bill alleges: That on December 12, 1912, complainant, for a valuable consideration, purchased from J. J. Braswell the following described property or land situated in Jefferson county, Ala. (here follows description), and took possession thereof, erected two houses thereon, and rented same to tenant, who went into possession under said contract of…
1Opinion of the CourtSayre, J.
Appellant filed its bill under the statute to redeem from the vendee of a purchaser at execution sale. On hearing the pleading and proof, the court below dismissed the bill.
This appeal requires a statement of our conception of the operation and effect of the redemption statute in the circumstances shown. The statute (section 5747 of the Code) says: “The possession of the land must be delivered to the purchaser, within ten days after the sale thereof, by the debtor, if in his possession, or if any one holding under him by privity of title, if in his possession, on written demand of the…
2Cases cited4 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Paulling v. MeadeSupreme Court of Alabama · 1853
- Richardson v. DunnSupreme Court of Alabama · 1885
- Narrell v. J. R. Phillips Mercantile Co.Supreme Court of Alabama · 1913
3Cited by4 opinions
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
- Warren v. JonesSupreme Court of Alabama · 1929
- Moss v. Cedrom Coal Co.Supreme Court of Alabama · 1934
- First Nat. Bank of Russellville v. WelchAlabama Court of Appeals · 1930