Huie v. Smith

Supreme Court of Alabama

Decided May 26, 1938

Supreme Court of Alabama · decided 1938-05-26

Relies on Cowley v. Shields · Estes v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1938-05-26

How this case has been cited

Cited by 18 later decisions — most recently January 2017

16 state decisions

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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¶1 On Rehearing.

FOSTER, Justice.

¶2 At the time of the execution of the mortgage, from whose foreclosure the right of redemption is here sought, the statute was in effect which conferred the right upon complainant in this case. So that when the mortgage was made and when it was foreclosed, the parties made their contract subject to that right as though they had so expressly agreed. It does not therefore violate the due process clause of the State or Federal Constitution, Const.Ala. 1901, § 13; U.S.C.A.Const. Amend. 14. Estes v. Johnson, 234 Ala. 191, 174 So. 632; Cowley v. Shields, 180 Ala. 48, 60 So. 267.

¶3 Application overruled.

ANDERSON, C. J., and GARDNER and BOULDIN, JJ., concur.