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129 Ala. 596

Henderson v. Hambrick

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Heard before the Hoh. -William H. Simpson. The bill in this case was filed on June 12, 1900, by the appellees, James T. Hambrick, Sarah Hambrick, Thomas McCord and' Hattie McCord, against the appellants, Anna J. Henderson and Mary Carlisle, and averred the following facts: That 'on October 14, 1889, one Hugh Carlisle filed his bill against the complainants in the present suit to foreclose a vendor’s lien on a certain specifically described tract -of land; that in May, 1898,…

Relies on Stocks v. Young · Nelms v. Kennon · Sandford v. Ochtalomi

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 3 later decisions — most recently December 1956

3 state decisions

10190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHARPE, J.

¶1To be entitled to redeem from a purchaser of land sold under a chancery decree one must be of the classes to which the statute gives the right of redemption as specified in chapter 97 of. the Code. Given to the applicant the original status of a redemptioner, *599the right is still dependent npon a condition, viz.: he must not have been in default in respect of yielding possession to the purchaser after his demand, according to the requirement of section 3506 of the Code.

¶2This hill alleges that complainants were defendants in the chancery suit wherein the sale was decreed for the satisfaction of a vendor’s lien, but it does not show that they were debtor defendants. Nor does it show that they were of any class other than debtors who by the statute are privileged to redeem.

¶3The bill is also insufficient in failing to show either compliance by complainants with the statutory condition of giving possession to the purchaser or a valid reason for not giving possession. For all that is Shown the complainants may or may not have perfected a right to redeem. There is no presumption to aid the bill in that respect; and to avoid the usual presumption which stands against the pleader, it'should be shown affirmatively that they have not failed to do what the law required in order to be invested with the right they seek to enforce.Nelms v. Kennon, 88 Ala. 329; Stocks v. Young, 67 Ala. 341; Sandford Ochtalomi, 23 Ala. 669; Paulding v. Meade,Ib. 505.

¶4The decree appealed from will be reversed and one will be here rendered sustaining the demurrer and allowing complainants thirty days within which to apply to the (‘haneery court for amendment of the bill.

¶5Reversed, rendered and remanded.

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