Sewell v. Walkley
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Earl B. Walkley and others against N. B. Sewell, for rescission and to redeem. Prom a decree overruling demurrers to the amended bill, respondent appeals.
1Opinion of the Court
SOMERVILLE, J.—(1) Disregarding-several unnecessary allegations, the amended bill of complaint shows that complainants executed a deed to respondent conveying certain land belonging to one of the complainants; that this deed, though absolute in form, was agreed and understood to be a mortgage for the security of $600 due from one of the complainants, and $1,000 to be presently loaned to the other complainant; that the $1,000 was never in fact advanced; and that .complainants aré entitled to redeem and have a reconveyance of the land. The bill, judged by its special prayer for relief, is…
2Cases cited3 opinions
- Gardner v. KnightSupreme Court of Alabama · 1899
- Knutson v. BostrakWisconsin Supreme Court · 1898
- Teague v. TeagueCourt of Appeals of Texas · 1900
3Cited by5 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
- Owen v. MontgomerySupreme Court of Alabama · 1935
- Crew v. W. T. Smith Lumber Co.Supreme Court of Alabama · 1959
- Davis Bluff Land & Timber Co. v. CooperSupreme Court of Alabama · 1931