112 So. 229 | Ala. | 1927
The bill is by a wife for the redemption of land from a mortgage sale against the husband; her only interest therein being as wife.
The wife's right of redemption from the husband's mortgage is not affected by the question of possession or the surrender thereof to purchaser at mortgage sale and not subject to the forfeiture provided in the statute. Code 1907, § 5747; Code 1923, § 10143; Johnson v. Williams,
The wife made demand of Faulk for statement of all lawful charges necessary to payment and redemption without suit in equity, and there was failure or refusal to comply. The wife may therefore file her bill, without making tender, offering and averring her ability to pay the debt and all lawful charges. Slaughter v. Webb,
In Farmers' Sav. Bank v. Murphree,
"No allegations in the bill to support the granting of relief by way of statutory redemption from the foreclosure sale, and hence the prayer for redemption is nugatory. The equity of the bill failing under the proof, it will not be retained for the mere collection of the surplus due to complainant, for which he has an adequate remedy at law."
In the instant bill there was sufficient pleading and proof to support statutory redemption from Faulk. The analogy is that of Van Heuvel v. Long,
We may say further, in passing, the court rendered the decree after seeing and hearing the witnesses, and was in a better position to pass upon the testimony. Andrews v. Grey,
The decree of the circuit court, in equity, is affirmed.
Affirmed.
ANDERSON, C. J., and SOMERVILLE and BROWN, JJ., concur.