Everett v. Pickens
Supreme Court of Alabama
Appeal from .Circuit Court, Covington County; A. B. Poster, Judge. Bill by J. K. Everett against Julia G. Pick-ens and others, to enjoin execution of judgment in ejectment. Prom a decree denying relief and dismissing the bill, complainant appeals.
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Appeal from .Circuit Court, Covington County; A. B. Poster, Judge. Bill by J. K. Everett against Julia G. Pick-ens and others, to enjoin execution of judgment in ejectment. Prom a decree denying relief and dismissing the bill, complainant appeals. The bill sought the enjoining of the execution of an ejectment judgment against J. K. Everett by Julia G. Pickens, who claimed under a foreclosure deed under a mortgage executed by complainant, Everett, to one H. E. Sheppard, and to cancel the mortgage. The mortgage was sought to be avoided upon either of two grounds: (1) That it was void for want…
1Opinion of the CourtSomerville, J.
[1] In order to present an equitable defense which would be effective to defeat the respondents’ title under the mortgage executed by foreclosure, and entitle complainant to injunctive relief against the ejectment judgment, and the cancellation of the mortgage itself, the burden is on complainant to show either (1) that the mortgage obligation was without any consideration of substantial value (13 C. J. pp. 367, 368, §§ 242, 243), or else (2) that it was effectually avoided by complainant for breach of the mortgagee’s warranties of title to the bottling works property and other chattels for…
2Cases cited4 opinions
- Tarkington v. PurvisIndiana Supreme Court · 1890
- Comer v. FranklinSupreme Court of Alabama · 1910
- Johnson v. Oehmig & WiehlSupreme Court of Alabama · 1891
- Smith v. ThomasSupreme Court of Alabama · 1918
3Cited by6 opinions
- Fryer v. CampbellWyoming Supreme Court · 1935
- Grissom v. J. B. Colt & Co.Supreme Court of Alabama · 1928
- Willingham v. Wesley Hardware Co.Supreme Court of Alabama · 1933
- Maples v. DouglassSupreme Court of Alabama · 1920
- Tanner v. McClureSupreme Court of Alabama · 1952
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