Hartley v. Matthews

Summary

The Supreme Court of Alabama considered an appeal from a decree dissolving an injunction that had restrained a mortgage purchaser from prosecuting separate actions for rent and unlawful detainer. The Court held that the injunction was properly dissolved because the sworn answer denied the essential allegations of the bill, and the complainants had an adequate defense at law. The Court also noted that under the statute, the power of sale in a mortgage passes to the assignee of the debt.

Holdings

1. The injunction was properly dissolved where the sworn answer denied the facts constituting the equity of the bill and the complainant had an adequate defense at law.
2. Under Code 1886 § 1844, the power of sale in a mortgage passes to the assignee of the mortgage debt.

Questions Presented

1. Whether the injunction was properly dissolved based on the denials in the answer and the adequacy of a legal defense.
2. Whether the power of sale in a mortgage passes to the assignee of the mortgage debt.

Disposition

affirmed