Reports of Cases Argued And Determined in the Supreme Court of ..., volume 186
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 186
Alabama Supreme Court
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Nor is Sadler a necessary party, he having parted with his interest. — Raisin Fertilizer Co. v. Bell, 107 Ala, 261, 18 South. 168. There has been no foreclosure of complainant's mort- gage to Sadler. The bill avers that down to and in- cluding the year 1905 — that is, within eight years of the filing of the present bill — complainant has made an- nual payments under an agreement with Sadler, sub- sequently acquiesced in and acted upon by his succes- sors in interest, which agreement, in legal e...ffect, amounted to a mere "method of adjustment by which the mortgage debt was to be paid." — Sadler v, Jeffer- son, supra. Meantime, unless, indeed, the mortgage debt has been satisfied by these payments and other credits to which complainant avers he is justly entitled, nothing has occurred to affect the reciprocal equitable rights of the parties, the right of defendants to foreclose, the right of complainant to redeem. During a part of the time, it is true, defendants have been in possession of a part of the land.
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