holding that *205the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor
How later courts described this case
- holding that *205the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor
- holding that the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor
- noting that " '[l]ack of statutory authorization best supports analysis as the lack of a claim upon which relief can be granted, … not a claim over which the forum court lacks subject matter jurisdiction' " (quoting Jerome A. Hoffman, The Malignant Mystique of "Standing," 73 Ala. Law. 360, 362 (2012))
- holding that standing, as developed in Lujan, addressed only public-law cases and that applying it to private-law cases was error
Written by the judges who cited it.
The opinion
BRYAN, Justice
(concurring in the result as to case no. 1110458).
I concur in the result as to case no. 1110458, and I agree with Justice Main’s special writing insofar as it addresses case no. 1110458. However, because I was a judge on the Court of Civil Appeals when it decided the underlying case, I have re-cused myself from consideration of case no. 1110373; therefore, insofar as that case is concerned, I am unable to comment on the main opinion or to join Justice Main’s special writing.