Alabama Bank & Trust Co. v. Jones

This is a bill in equity by J. E. Jones against W. E. Waites. During the pendency of the cause Waites died, and it was revived in the name of the Alabama Bank & Trust Company, a corporation, as administrator of his estate. The bill seeks to have enjoined the foreclosure of a mortgage on certain land therein described, which mortgage was executed by complainant and wife to W. E. Waites; to have it declared void, and canceled on the records on the ground the note and mortgage securing it are founded entirely on a gambling consideration.

The defendant filed answer in the nature of a cross-bill,…