Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 193.cAlabama Supreme Court
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Author: Alabama Supreme Court
Number of Pages: 240 pages
Published Date: 16 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781234246693
File size: 47 Mb
File Name: Report.of.Cases.Argued.and.Determined.in.the.Supreme.Court.of.Alabama.Volume.193.pdf
Download Link: Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 193
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...was purchasing only a life estate, but, on the contrary, refutes such a theory in every particular. The title thus acquired by complainant, by this long-continued adverse possession, has not been overcome by the respondents. We therefore conclude that, from either aspect here discussed, without reference to other reasons urged, complainant was entitled to re lief. The decree appealed from is accordingly affirmed. Aflirmed. ANDERSON, C. J., and MCCLELLAN and SAYRE, JJ., concur. Drum & Ezekiel, et al. v. Bryan, et al. Bill to Quiet Title. (Decided February 11, 1915. Rehearing denied June 30, 1915. 69 South. 483.) 1. Quieting Title Possession.--One not in the possession of land cannot maintain a bill to remove a cloud on title. 2. Same; Foreclosure of Mortgage; Payment of Debt.-Where the mortgage debt had been paid at the time of the foreclosure, there could be no redemption, and the only possible relief in equity would be to have the deed cancelled as a cloud on title. 3. Same; Illegal Foreclosure.--Where the mortgage debt was paid in full at the time of the foreclosure, the sale was void, and the mortgagor, not in possession, had his remedy at law in ejectment, and a bill to cancel the mortgage would not lie. 4. Mortgages; Foreclosure; Bill to Cancel; Limitation.--Under the express terms of Section 3505, Code 1896. a bill by a mortgagor to set aside a foreclosure sale and cancel the deed must be filed within two years next after the sale, or some valid excuse must be shown why it is not filed within such time. APPEAL from Crenshaw Chancery Court. Heard before Hon. L. D. GARDNER. Bill by R. F. Bryan and others against Drum & Ezekiel and others, to set aside a foreclosure sale, and redeem, or to cancel the foreclosure deed as a cloud...
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