Hardeman v. Donaghey
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Margaret Donagbey against J. S. Hardeman, revived against B. F. Hardeman as administrator. Decree for complainant and respondent appeals. Tbe bill sought to compel the surrender of a mortgage and its cancellation, to declare a judgment void, and to require J. S. Hardeman to render a full, true, and correct account of tbe dealings bad with oratrix, and to declare a trust for her benefit.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Margaret Donagbey against J. S. Hardeman, revived against B. F. Hardeman as administrator. Decree for complainant and respondent appeals. Tbe bill sought to compel the surrender of a mortgage and its cancellation, to declare a judgment void, and to require J. S. Hardeman to render a full, true, and correct account of tbe dealings bad with oratrix, and to declare a trust for her benefit. Tbe case made by tbe bill is that oratrix borrowed some money from Hardeman at a usurious rate of interest, and to secure it gave a…
1Opinion of the CourtAnderson, J.
If the complainant has a plain and adequate remedy at law, a court of equity cannot be resorted to as a substitute. The bill avers that the respondent converted complainant’s property after the mortgage had been paid. If this was done, the talcing was tortious, and she could bring detinue for the specific recovery of same or trover or trespass for the taking or conversion thereof. Of course, there are cases where the complainant has only an equitable title and the respondent has the legal title, in which courts of equity will take jurisdiction; but, if the mortgage was paid, the statute…
2Cases cited16 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bolden v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1925
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Edmondson v. JonesSupreme Court of Alabama · 1920
- Shannon v. LongSupreme Court of Alabama · 1912
18 more not listed; retrieve them via the Exa API.