equitable title claim in Alabama

1850Davis v. McKinney and McKinney, 5 Ala. Rep. 719 , we were inclined to think that under the act of 1812, it would have been no objection to the sale oí lands under execution, that the defendant had only an equitable title; but were of opinion that the statute had been" modified in this respect by the later act.

1844Davis v. McKinney & McKinney, 5 Ala. Rep. 719 .] Let this view of the law suffice to show the principles applicable to the present case, so far as it is necessary to consider it.

1899On the contrary it has been repeatedly held that the exhaustion of legal remedy, usually by the issuance of execution and its- return unsatisfied, or only partially unsatisfied is necessarjr to enable the creditor to invoke the aid of chancery. — Mixon v. Dunklin, 48 Ala. 456 ; Brown v. Bates, 10 Ala. 432 ; Thomason v. Scales, 12 Ala. 309 ; Roper v. McCook, 7 Ala. 318 ; Nix v. Winter, 35 Ala. 309 ; Carter v. Coleman, 82 Ala. 177 ; Code, § 814.

1899On the contrary it has been repeatedly held that the exhaustion of legal remedy, usually by the issuance of execution and its- return unsatisfied, or only partially unsatisfied is necessarjr to enable the creditor to invoke the aid of chancery. — Mixon v. Dunklin, 48 Ala. 456 ; Brown v. Bates, 10 Ala. 432 ; Thomason v. Scales, 12 Ala. 309 ; Roper v. McCook, 7 Ala. 318 ; Nix v. Winter, 35 Ala. 309 ; Carter v. Coleman, 82 Ala. 177 ; Code, § 814.

1899On the contrary it has been repeatedly held that the exhaustion of legal remedy, usually by the issuance of execution and its- return unsatisfied, or only partially unsatisfied is necessarjr to enable the creditor to invoke the aid of chancery. — Mixon v. Dunklin, 48 Ala. 456 ; Brown v. Bates, 10 Ala. 432 ; Thomason v. Scales, 12 Ala. 309 ; Roper v. McCook, 7 Ala. 318 ; Nix v. Winter, 35 Ala. 309 ; Carter v. Coleman, 82 Ala. 177 ; Code, § 814.

1899On the contrary it has been repeatedly held that the exhaustion of legal remedy, usually by the issuance of execution and its- return unsatisfied, or only partially unsatisfied is necessarjr to enable the creditor to invoke the aid of chancery. — Mixon v. Dunklin, 48 Ala. 456 ; Brown v. Bates, 10 Ala. 432 ; Thomason v. Scales, 12 Ala. 309 ; Roper v. McCook, 7 Ala. 318 ; Nix v. Winter, 35 Ala. 309 ; Carter v. Coleman, 82 Ala. 177 ; Code, § 814.

1899On the contrary it has been repeatedly held that the exhaustion of legal remedy, usually by the issuance of execution and its- return unsatisfied, or only partially unsatisfied is necessarjr to enable the creditor to invoke the aid of chancery. — Mixon v. Dunklin, 48 Ala. 456 ; Brown v. Bates, 10 Ala. 432 ; Thomason v. Scales, 12 Ala. 309 ; Roper v. McCook, 7 Ala. 318 ; Nix v. Winter, 35 Ala. 309 ; Carter v. Coleman, 82 Ala. 177 ; Code, § 814.

1898To such other cases as may be provided by law.” The scope of these four sub-divisions was clearly defined in the case of Waldron, Isley & Co. v. Simmons, et al., 28 Ala. 629 .

1886To avoid the delay and expense of a suit in equity, the statute in terposes, and subjects the equity of redemption to levy and sale under execution, and subrogates the purchaser to all the rights of the mortgagor. — Thompson v. Thornton, 21 Ala. 808 ; Lovelace v. Webb, 62 Ala. 271 .

1886The plaintiff acquired at least an equitable title in the claim sued on by the verbal transfer made to her, and this was sufficient to maintain the action.— Carter v. Owens, 41 Ala. 217 ; Wood v. Cosby, 76 Ala. 557 .

1886To avoid the delay and expense of a suit in equity, the statute in terposes, and subjects the equity of redemption to levy and sale under execution, and subrogates the purchaser to all the rights of the mortgagor. — Thompson v. Thornton, 21 Ala. 808 ; Lovelace v. Webb, 62 Ala. 271 .

1886The plaintiff acquired at least an equitable title in the claim sued on by the verbal transfer made to her, and this was sufficient to maintain the action.— Carter v. Owens, 41 Ala. 217 ; Wood v. Cosby, 76 Ala. 557 .

1885Co., 8 Ala. 146 . ■ In a statutory trial of the right of property, only the legal title or claim is in issue; and the equitable rights can not be regarded, or adjudicated. — Block v. Maas, 65 Ala. 211 .

1885Co., 8 Ala. 146 . ■ In a statutory trial of the right of property, only the legal title or claim is in issue; and the equitable rights can not be regarded, or adjudicated. — Block v. Maas, 65 Ala. 211 .

1844Rep. 502 .] Where one claims as a purchaser, at a sale under execution, it is only necessary to show that there was a legal title subsisting in the defendant at the time the judgment was rendered, without producing a regular chain of title from the United States to the purchaser. [Brock, et al. v. Yongue, et al. 4 Ala. Rep. 584 .] ' The act of 1820, provides that “ no other than the legal title to land or other real estate, shall hereafter be sold or conveyed by virtue of any executionFurther — “ The equitable title or claim to land, or other real estate, shall hereafter be liable to the payme