Staples v. Barret

The allegations of the bill of complaint show sufficiently and clearly that the deed of conveyance from the complainant Kate W. Barret to the respondent Staples was jn purpose and effect a mortgage, given as security for the debt of B. T. Barret to the respondent bank, and hence that, as against the bank, or its assigns having notice, Mrs. Barret would be entitled to a decree of cancellation. Giddens v. Powell, 108 Ala. 621, 19 So. 21; Douglass v. Moody, 80 Ala. 61; 27 Cyc. 1010, 5.

But since the assignee of the bank, L. V. Pringle, is a resident of Mississippi and beyond the jurisdiction of…