Langley v. Andrews
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon'. Richard B. Kelley. The appeal in this case is prosecuted from a final decree granting the relief prayed for by the complainant. The facts of the case necessary to an. understanding of the decision on the pi'esent appeal are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon'. Richard B. Kelley. The appeal in this case is prosecuted from a final decree granting the relief prayed for by the complainant. The facts of the case necessary to an. understanding of the decision on the pi'esent appeal are sufficiently stated in the opinion. An attorney’s fee cannot be allowed for a. foreclosure in equity unless there is shown a necessity for resorting to that method. — Be-dell v. Mortgage, Co., 91 Ala. 325; Am. So. Mortgage (Jo. r. McCall, 96 Ala. 200. The defnse of duress being fully made out, respondent…
1Opinion of the CourtDenson, J.
On the 16(h day of June, 1904, W. T. Langley executed to one A. II. Slaughter, his note under-seal in the sum of twenty-five hundred and seventy-nine and 68-100 dollars, due October 15th, 1894, and a mortgage on certain real estate to secure said note.
On the 14th day of September, 1904, the said note and mortgage were assigned by the mortgagee to S. M. Inman & Company. On the 9th day of September, 1895, S. M. Inman & Company, assigned the note and mortgage to J. E. Andrews, who as such assignee, on the 1st day of May, 1897, filed the bill in this case for the purpose of having said mortgage…
2Cases cited14 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Rendleman v. RendlemanIllinois Supreme Court · 1895
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3Cited by5 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- State ex rel. Sigsbee v. City of BirminghamSupreme Court of Alabama · 1908
- Alabama Water Co. v. City of AnnistonSupreme Court of Alabama · 1930
- Anniston Banking & Loan Co. v. LapsleySupreme Court of Alabama · 1917