Nelson v. Wadsworth
Supreme Court of Alabama
Appeal, from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Suit by L. W. Nelson and others, heirs of J. H. Nelson, deceased, against W. W. Wadsworth and another, to declare a deed a mortgage, and for an accounting, and to redeem. From a decree sustaining a demurrer to the bill, complainants appeal.
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Appeal, from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Suit by L. W. Nelson and others, heirs of J. H. Nelson, deceased, against W. W. Wadsworth and another, to declare a deed a mortgage, and for an accounting, and to redeem. From a decree sustaining a demurrer to the bill, complainants appeal. The case made by the bill is that J. H. Nelson departed this life intestate in November, 1907, owing no debts, and no administrator had been appointed on his estate; that complainants are his only heirs at law; that on the 18th day of November, 1886, he owned a certain tract of land,…
1Opinion of the CourtAnderson, J.
The bill in this case, as last amended, was filed to declare a deed a mortgage and to cancel same, or to redeem if said mortgage has not been satisfied. The bill avers that the instrument was given to secure, and not to discharge, a debt, and that both parties understood and intended that the transaction was a mortgage to secure the payment of a debt then existing and a further sum to be advanced. “One of the distinguishing tests by which to determine whether an instrument is a-mortgage, or a. sale with the privilege of repurchasing, is the existence or nonexistence of a debt to be secured.…
2Cases cited9 opinions
- Douglass v. MoodySupreme Court of Alabama · 1885
- Crews v. ThreadgillSupreme Court of Alabama · 1859
- McMahon v. McMahonSupreme Court of Alabama · 1910
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Vincent v. WalkerSupreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Travis v. First Nat. BankSupreme Court of Alabama · 1924
- Stollenwerck v. MarksSupreme Court of Alabama · 1914
12 more not listed; retrieve them via the Exa API.