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27 Ala. 621

Lampley v. Weed & Co.

Supreme Court of Alabama

Decided June 15, 1855

Supreme Court of Alabama · decided 1855-06-15

Wade Keyes. This bill was filed by Wm. H. Weed & O^feáaJaáarfent creditors of James E. Warren, to redeem certain lots in the town of Clayton, which had been sold under mortgage executed by said… Held: that the complainant was entitled to the relief prayed. A reference to the master was ordered of the matters of account, and his report was confirmed without exception. The chancellor’s decree is now assigned for error. 1.

Relies on Kennedy's Ex'r v. Doe ex dem. Rochon's Heirs

Good law ✅— No negative treatment on recordhow we know

Decided 1855-06-15

How this case has been cited

Cited by 5 later decisions (1 by the Supreme Court) — most recently March 1965

1 federal appellate · 2 state decisions

20185518601870188018901900191019201930194019501960decided

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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CHILTON, C. J.

¶1Although Lampley raises a weak objection to Clayton’s authority to make the offer of redemption, he does not aver that he was not authorized, or that he raised ■ any objéction to a redemption on the ground of a want of *623authority. Had he done so, the supposed defect of want of authority, doubtless, might readily have been supplied. But he refused to allow the redemption, and insisted upon his right then, as he still does by his answer, to hold on to the land. He cannot now be allowed to set up the want of authority in Clayton, having made no such objection then ; -the complainants insisting upon the acts of Clayton as binding upon them, as their authorized agent. The case of Couthway v. Berghaus, 26 Ala. 393, is directly to this point, and shows that the offer was sufficient.

¶2The objection, that the bill should have been dismissed, because, the case having been submitted by consent on bill and answer only, the answer must be regarded as true in every respect, — would be available, but for the fact that the answer admits, enough to sustain the decree. .

¶3As to the amount due upon Lampley’s mortgage, the answer is somewhat indefinite, — stating that it was thirty or forty dollars. The register reports the amount, with interest, at forty-five dollars. We see nothing improper in this. If the item was improper, exceptions should have been taken to the report; but this was not done.

¶4Let the decree be affirmed.

Rice, J., having been of counsel in this case, did not sit.
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