Williams v. Reggan
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilicerson. The bill in this case was filed by the appellant, Abram Williams, against the appellee, J. O. Reggan; and sought to have a conveyance executed by the complainant to the defendant, which was absolute in form, declared to be a mortgage, and that the complainant be let in to redeem. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilicerson. The bill in this case was filed by the appellant, Abram Williams, against the appellee, J. O. Reggan; and sought to have a conveyance executed by the complainant to the defendant, which was absolute in form, declared to be a mortgage, and that the complainant be let in to redeem. The facts of the case are sufficiently stated in the opinion. Upon the submission of the cause, on the pleadings and proof, the chancellor decreed that the complainant was not entitled the relief prayed for, and ordered his…
1Opinion of the CourtHead, J.
The complainant, by his bill as last amended, seeks to have a conveyance, absolute in it3 terms whichhe and his wife executed to the defendant, on the 21st day of April, 1892, declared to be a mortgage and tobe let in to redeem. The case, in its legal aspects, is not different from many that have been decided by this court. In Reeves v. Abercrombie, 108 Ala. 535, we collected our previous decisions in the cases where similar relief was sought, and re-stated the rule as to the *623measure of proof in the two classes, into which the decisions may be grouped. There, it was necessary to apply the…
2Cases cited6 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Turnipseed v. CunninghamSupreme Court of Alabama · 1849
- Daniels v. LowerySupreme Court of Alabama · 1890
- Cosby v. BuchananSupreme Court of Alabama · 1886
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3Cited by2 opinions
- Shreve v. McGowinSupreme Court of Alabama · 1904
- Thomas v. LivingstonSupreme Court of Alabama · 1906