FONDE v. LINS

1 Div. 502.

67 So.2d 834 (1953)

FONDE v. LINS.

Supreme Court of Alabama.

October 29, 1953.


Attorney(s) appearing for the Case

Henry B. Fonde, pro se.

D. P. Moore, Mobile, for appellee.


GOODWYN, Justice.

The decisive question presented on this appeal is whether a mortgagor's statutory right of redemption of real estate, as given by Code 1940, Tit. 7, § 727 et seq., is cut off or denied to him when the purchaser at the foreclosure sale under the first mortgage is, at the time of such sale, the holder of a second mortgage on the property. Such is the position taken by appellant. The facts are these: On June 23, 1949, the appellee, complainant...

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