Stocks v. Young
Supreme Court of Alabama
Bill to Redeem Lands Bold under Deed of Trust. Appeal from Cherokee Chancery Court. Heard before Hon. H. C. Speake. This was a bill in equity, filed on the 27tb of February, 1880, by Henry Young, against John T., and Wm. H. Stocks, and Wm. McFlratk.
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Bill to Redeem Lands Bold under Deed of Trust. Appeal from Cherokee Chancery Court. Heard before Hon. H. C. Speake. This was a bill in equity, filed on the 27tb of February, 1880, by Henry Young, against John T., and Wm. H. Stocks, and Wm. McFlratk. Tbe bill stated that on February 8th, 1876, Henry Young executed a deed of trust on certain lands, which are described, to secure a debt due to W. H. Stocks, amounting to $2,204, which was evidenced by two promissory notes, one due December 25, 1876, tbe other due December 25,1877; that W. H. Stocks was the beneficiary in said deed, and bis…
1Opinion of the CourtBriokell, C. J.
— 1. The objects of the bill are, to vacate the sale of the lands made under the trust.deed, because the creditor for whose security it was made was the purchaser, and to let in the grantor to redeem, on taking an account of the debt, excluding usury, which, it is averred, entered into it, and charging the creditor with rents while he and his vendee were in possession ; or, if that relief cannot be obtained, to let the grantor in to redeem under the statute. We do not now intend considering whether a bill in equity presenting such alterations can be supported, for it is plain that as a bill…
2Cases cited5 opinions
- Richards v. HolmesSupreme Court of the United States · 1856
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Lucas v. OliverSupreme Court of Alabama · 1859
- Sandford v. OchtalomiSupreme Court of Alabama · 1853
- Moore v. GoreSupreme Court of Alabama · 1860
3Cited by17 opinions
- Lehman, Durr & Co. v. MooreSupreme Court of Alabama · 1890
- Johnson v. WilliamsSupreme Court of Alabama · 1924
- Snow v. Montesano Land Co.Supreme Court of Alabama · 1921
- Beatty v. BrownSupreme Court of Alabama · 1893
- Baker v. BurdeshawSupreme Court of Alabama · 1902
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