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HAWKINS v. SNELLINGS

4 Div. 605.

53 So.2d 552 (1951)

HAWKINS v. SNELLINGS.

Supreme Court of Alabama.

As Modified on Denial of Rehearing June 28, 1951.

Attorney(s) appearing for the Case

Patterson & Patterson, of Phenix City, for appellant.

W. R. Belcher and Smith & Smith, all of Phenix City, for appellee.

BROWN, Justice.

It is well settled law that a "mortgagor in possession may without previous tender file bill to protect and enforce equity of redemption" and that a "mortgagee cannot, pending mortgagor's bill to protect equity of redemption, impair mortgagor's right to redeem." Ezzell v. First Nat. Bank of Russellville, 218 Ala. 462, 119 So. 2; Boyd v. Dent, 216 Ala. 171, 113 So. 11; Carroll v. Henderson, 191 Ala. 248, 68 So. 1; Thompson v. Atchley, 201 Ala. 398,...

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