Kyle v. Perdue
Supreme Court of Alabama
FROM tbe Chancery Court of Etowah. Heard before the Hon. S. K. McSpaddeN. The original bill in this case was filed on the 8th February, 1887, by Wm. H. Denson as trustee, and R. B. Kyle and. Sam. Henry, claiming to be the owners and beneficiaries, and sought to foreclose a mortgage, or deed of trust in the nature of a mortgage, wbicb Daniel Liddell and wife had executed to secure a debt due to W. J. Perdue.
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FROM tbe Chancery Court of Etowah. Heard before the Hon. S. K. McSpaddeN. The original bill in this case was filed on the 8th February, 1887, by Wm. H. Denson as trustee, and R. B. Kyle and. Sam. Henry, claiming to be the owners and beneficiaries, and sought to foreclose a mortgage, or deed of trust in the nature of a mortgage, wbicb Daniel Liddell and wife had executed to secure a debt due to W. J. Perdue. Said W. J. Perdue died before the filing of the bill, having devised and bequeathed all of his property to his wife, Mrs. Augusta E. Perdue; and she was made a defendant to the bill. Kyle…
1Opinion of the CourtWalker, J.
The original bill in this case was filed for the foreclosure of a mortgage, the ownership of which was claimed by the appellants, R. B. Kyle and Sam. Henry, under a certain instrument alleged by them to have been executed by Mrs. Augusta E. Perdue on the 9th day of *582August, 1886. The case was in this court at a former term, on appeal from a decree sustaining demurrers to tbe bill. It was then held that, so far as the title to the mortgage and the right to sue on it were concerned, the instrument was not testamentary in character, but operated as a deed. It was decided that the demurrers had…
2Cases cited14 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Waddell v. LanierSupreme Court of Alabama · 1878
- Ferguson v. LowerySupreme Court of Alabama · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Floyd v. GreenSupreme Court of Alabama · 1939
- Abrams v. AbramsSupreme Court of Alabama · 1932
18 more not listed; retrieve them via the Exa API.