Huggins v. Hall, Wragg & Chandler
This text of 10 Ala. 283 (Huggins v. Hall, Wragg & Chandler) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Our first impression was, and we so announced it, that the heir of the mortgagee was a necessary party defendant, and could not be a party complainant. Subsequent reflection has satisfied us, that we were under a mistake. The mortgagor being out of possession, the mortgage could not be foreclosed, without the heir of the mortgagee, who was in possession, being a party to the suit, and in our opinion, it is unimportant, whether he is a party plaintiff, or defendant.
Let the decree of the court be reversed, and the cause be j-emanded.
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10 Ala. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huggins-v-hall-wragg-chandler-ala-1846.