O'Connor v. Bank of Attalla

Supreme Court of Alabama
O'Connor v. Bank of Attalla, 116 Ala. 585 (Ala. 1897)
McClellan

O'Connor v. Bank of Attalla

Opinion of the Court

McCLELLAN, J.

The only question presented by this record is whether a judgment creditor who redeems lands from a purchaser at execution sale may recover damages for waste committed by such purchaser prior to redemption. The purchaser being -the absolute owner of the land and all rights and interests in it, subject only to a right of re-purchase outstanding in judgment creditors of the defendant in execution β€” among others β€”it would seem upon general principles that he is not liable to the redemptioner for waste ; and so we understand it to have been substantially decided by this court. Morris v. Beebe, 54 Ala. 300, 307-8; Otis v. McMillan, 70 Ala. 46, 61-2, citing approvingly Kannon v. Pillow, 7 Humph. 292. The case of Dozier v. Mitchell, 65 Ala. 511, relied on for appellant involved redemption from a mortgagee in possession before valid foreclosure and not *587redemption from a purchaser at foreclosure sale : it was the assertion of the equity of redemption and not of the statutory right of redemption ; and is, therefore, not authority in the case at bar.

Affirmed.

Reference

Status
Published