Tidwell v. Wittmeier
Supreme Court of Alabama
Appeal from Blount Chancery Court. Heard before Hon. Alfred H. Benners. Bill by S. L, Tidwell against J. S. Wittmeier and another.
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Appeal from Blount Chancery Court. Heard before Hon. Alfred H. Benners. Bill by S. L, Tidwell against J. S. Wittmeier and another. Prom a decree overruling a motion to dismiss and to dissolve an injunction, respondents appeal: and from a decree sustaining a demurrer to the bill, complainant appeals.- The bill alleges that Wittmeier sold to -J. S. Bentley for a sum certain lands described in the bill, anil received in payment therefor four promissory notes to secure the deferred payments on the lands, which said notes matured November 12, 1905, November 12, 1906, November 12, 1907, and…
1Opinion of the CourtAnderson, J.
When this case was here before as reported in 147 Ala. 354, 40 South. 963, we in effect held that the bill contained equity, and we will not recede from that ruling. The bill not only avers a tender, but offeis to pay any balance that may be ascertained to be due upon the mortgage, and prays, in the alternative, that he be permitted to pay what amount may be found due and have the mortgage cancelled.—Whitley & Trimble v. Dunham Lumber Co., 89 Ala. 493, 7 South. 810. The bill as amended does not- aver that no steps had been taken to collect the debt, notwithstanding it' avers that the claim…
2Cases cited2 opinions
- Wittmeier v. TidwellSupreme Court of Alabama · 1906
- Whitley & Trimble v. Dumham Lumber Co.Supreme Court of Alabama · 1889
3Cited by11 opinions
- Continental Federal Savings & Loan Ass'n v. FetterSupreme Court of Oklahoma · 1977
- Williams v. First Federal Savings & Loan Ass'n of ArlingtonCourt of Appeals for the Fourth Circuit · 1981
- Tierce v. APS Co.Supreme Court of Alabama · 1979
- Carroll v. HendersonSupreme Court of Alabama · 1915
- United States v. Certain Lands in Borough of BrooklynCourt of Appeals for the Second Circuit · 1942
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