Heard & Lee v. Heard
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by George Heard against Heard & Lee for reference to ascertain who has paid and how much has been paid by the respondents or either of them as purchase money, and to ascertain the. amount of indebtedness between said parties, and to declare an assignment a mortgage. From a decree for complainant, respondents appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by George Heard against Heard & Lee for reference to ascertain who has paid and how much has been paid by the respondents or either of them as purchase money, and to ascertain the. amount of indebtedness between said parties, and to declare an assignment a mortgage. From a decree for complainant, respondents appeal. The contract referred to in the. opinion is as follows: “This contract betunen the American Freehold Land Mortgage Company of London, Limited, of the first part, and George Heard of the. second part,…
1Opinion of the CourtMcclellan, J.
On February 8, 1899, George Hearxl, the complainant (appellee), was in possession of the lands described in the bill. This possession was under a written contract with the American Freehold Land Mortgage Company, then holding the legal title thereto. The report of the appeal will contain a copy of that instrument. On the aforesaid date, the appellee, being then indebted to Heard «fe Lee (the appellants), executed to them the following transfer, indorsed on the back of the contract, of his interest find rights in his contract with the mortgage company: “This is to certify that I have this day…
2Cases cited2 opinions
- Thompson v. N. C. & St. L. RailwaySupreme Court of Alabama · 1909
- Harper v. CampbellSupreme Court of Alabama · 1893
3Cited by5 opinions
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- Shirley v. McNealSupreme Court of Alabama · 1962
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- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920