Brown Service Ins. Co. v. King, 8 Div. 313.
| Court | Supreme Court of Alabama |
| Writing for the Court | LIVINGSTON, Justice. |
| Citation | 247 Ala. 311,24 So.2d 219 |
| Parties | BROWN SERVICE INS. CO., Inc., v. KING et al. |
| Docket Number | 8 Div. 313. |
| Decision Date | 27 December 1945 |
24 So.2d 219
247 Ala. 311
BROWN SERVICE INS. CO., Inc.,
v.
KING et al.
8 Div. 313.
Supreme Court of Alabama
December 27, 1945
[247 Ala. 312] [24 So.2d 220]
Spain, Davies, Gillon, Grooms & Young and H. H. Grooms, all of Birmingham, and Norman W. Harris, of Decatur, for appellant.
S. A. Lynne, of Decatur, for appellees.
[247 Ala. 313] LIVINGSTON, Justice.
The original bill of complaint in this cause was filed on October 30, 1944, by Brown Service Insurance Company, Inc., a corporation (the appellant here), against F. H. King, Mrs. F. H. King and the Anniston Better Built Homes, Inc., a corporation, to foreclose a mortgage. The Anniston Better Built Homes, Inc. (formerly Decatur Better Built Homes, Inc.), had become indebted to the appellant in the amount of $3550, evidenced by a promissory note secured by mortgage. This mortgage was executed pursuant to the National Housing Act, and was insured by the Federal Housing Administration. Subsequent to the execution of the mortgage, the appellee King purchased the mortgaged property and assumed the payment of the mortgage indebtedness. All payments due on the mortgage indebtedness up to April 1, 1944, were made, but default was made in the payments accruing subsequent to that date.
The bill prayed that the mortgage be foreclosed or, in the alternative, that, 'in the event the court determines that the defendant F. H. King is unable on account of his military service to pay said indebtedness as the same is due and payable, it will ascertain and determine the amount he is able to pay, and will order that he pay such amount at such periods as to the court may seem equitable, and that in default thereof said mortgage be foreclosed and said property be sold. * * * Any deficiency between the proceeds of the sale and the amount of the indebtedness, interest, attorneys' fee and cost be reduced to judgment against the defendant F. H. King and the defendant Anniston Better Built Homes, Inc.'
On December 8, 1944, the appellee F. H. King under the Soldiers' and Sailors' Civil Relief Act filed a petition to stay the foreclosure proceeding. Upon hearing the petition, the court entered its order staying the proceedings to foreclose, and ordered appellee King to pay, beginning with the month of May, 1944, to appellant the sum of $4.74 per month during King's period of military service, and for three months thereafter. The court further ordered that a deposit of $30.60, held by appellant to cover taxes and insurance premiums, be applied to mortgage payments in default.
The following is appellant's statement of the case made by the evidence:
'It is agreed that the principal balance due on the mortgage was $3,500.08. At the date of the decree, the taxes and hazard premiums, the interest and the F. H. A. mortgage insurance amounted to $19.44 a month. The mortgage provided that the payments due on the note for principal and interest should be $19.74 per month. The fire and hazard insurance amounts to [24 So.2d 221] $4.74. The over-all payments amount to $26.00 per month. In the agreed statement appearing in the record, it is stated that the charges, exclusive of the principal, amount to $19.44, whereas, the mortgage note provides for principal and interest payments of $19.74.
'The taxes amount to $35.75 per annum, or $2.98 per month. The hazard insurance amounts to $21.09 per annum, or $1.76 per month. Interest at 4 1/2% on the unpaid balance amounts to $13.12 monthly. Consequently, the breakdown as to these items is as follows:
"Interest $13.12
Taxes 2.98
Hazard Insurance 1.76
------
Total 17.86
'The total of $19.44 includes F. H. A. mortgage insurance. The $17.86 deducted from $19.44 leaves $1.58 for this item. The principal payments amount to the difference between $19.44 and $26.00, which is $6.56 per month. By using the over-all payment of $26.00, the final breakdown is as follows:
"Interest $13.12
Principal 6.56
Taxes 2.98
Hazard Insurance 1.76
F. H. A. Mtg. Ins. 1.58
------
Total 26.00
'The court's decree directed that appellee King pay $4.74 per month, which is the amount of the taxes and hazard insurance only. No provision was made for the payment of any part of the principal, nor of interest in the amount of $13.12 per month, nor the F. H. A. mortgage insurance [247 Ala. 314] premium of $1.58 per month, a total for these two items of $14.70. These two items alone will amount to $176.40 per annum. The decree stayed the payments of principal, interest and mortgage insurance premium amounting to $21.26 per month or 82% of the obligation.
'Appellee King quit...
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Sibert v. Wells Fargo Bank, N.A., Civil Action No. 3:14CV737–HEH
...for a needless purpose, but is to be administered as an instrument to accomplish substantial justice." Brown Serv. Ins. Co. v. King, 247 Ala. 311, 314, 24 So.2d 219 (1945). Additionally, while keeping the Supreme Court's directive in mind, a court cannot ignore established canons of statuto......
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KLAESER v. MILTON, 2080722.
...in determining whether a service [member] is entitled to relief, each case must stand upon its own merits.” Brown Serv. Ins. Co. v. King, 247 Ala. 311, 315, 24 So.2d 219, 222 (1945). The trial court's denial of Klaeser's motion to set aside the default judgment because it was entered in con......
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Klaeser v. Milton, No. 2080722 (Ala. Civ. App. 1/8/2010), No. 2080722.
...in determining whether a service [member] is entitled to relief, each case must stand upon its own merits." Brown Serv. Ins. Co. v. King, 247 Ala. 311, 315, 24 So. 2d 219, 222 (1945). The trial court's denial of Klaeser's motion to set aside the default judgment because it was entered in co......
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Kirby v. Holman, No. 46884.
...them in their absence. Section 100, Soldiers' and Sailors' Civil Relief Act, 50 U.S.C.A.Appendix, § 510; Brown Service Ins. Co. v. King, 247 Ala. 311, 24 So.2d 219. Under section 302 of the act, or 50 U.S.C.A.Appendix, § 532 it is provided that in mortgage foreclosure actions against servic......
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Sibert v. Wells Fargo Bank, N.A., Civil Action No. 3:14CV737–HEH
...for a needless purpose, but is to be administered as an instrument to accomplish substantial justice." Brown Serv. Ins. Co. v. King, 247 Ala. 311, 314, 24 So.2d 219 (1945). Additionally, while keeping the Supreme Court's directive in mind, a court cannot ignore established canons of statuto......
-
KLAESER v. MILTON, 2080722.
...in determining whether a service [member] is entitled to relief, each case must stand upon its own merits.” Brown Serv. Ins. Co. v. King, 247 Ala. 311, 315, 24 So.2d 219, 222 (1945). The trial court's denial of Klaeser's motion to set aside the default judgment because it was entered in con......
-
Klaeser v. Milton, No. 2080722 (Ala. Civ. App. 1/8/2010), No. 2080722.
...in determining whether a service [member] is entitled to relief, each case must stand upon its own merits." Brown Serv. Ins. Co. v. King, 247 Ala. 311, 315, 24 So. 2d 219, 222 (1945). The trial court's denial of Klaeser's motion to set aside the default judgment because it was entered in co......
-
Kirby v. Holman, No. 46884.
...them in their absence. Section 100, Soldiers' and Sailors' Civil Relief Act, 50 U.S.C.A.Appendix, § 510; Brown Service Ins. Co. v. King, 247 Ala. 311, 24 So.2d 219. Under section 302 of the act, or 50 U.S.C.A.Appendix, § 532 it is provided that in mortgage foreclosure actions against servic......