Beck v. Burchfield
Supreme Court of Alabama
Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Bill by H. M. Beck, as trustee, and others under a mortgage executed to secure creditors against J. G. Burchfield and his wife to ascertain the amount of the mortgage debt and to foreclose. From a decree dismissing the bill complainants appeal.
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Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Bill by H. M. Beck, as trustee, and others under a mortgage executed to secure creditors against J. G. Burchfield and his wife to ascertain the amount of the mortgage debt and to foreclose. From a decree dismissing the bill complainants appeal. Counsel discuss the jurisdiction and functions of the court of equity and also the right of complainant to a personal judgment in case the mortgage is invalid or defective; but they do not discuss the matters decided in the opinion. Counsel insist that in view of the record court…
1Opinion of the CourtMiller, J.
I-I. M. Beck, as trustee, files this bill against J. G. Burchfield and his wife, Malisa Burchfield, to foreclose a mortgage given by them. Malisa Burchfield files non est factum plea, in which she avers that “the mortgage was not executed by her, or by any one authorized by her to execute it.” J. G. Burchfield files separate answer. The prayer of the bill asks the court to ascertain the amount of the debt due complainant,-secured by the mortgage, and, if it is not paid, to foreclose the mortgage for its collection.
The court by its decree found that the property in the mortgage was the…
2Cases cited2 opinions
- Tatum v. YahnSupreme Court of Alabama · 1900
- Watson v. KirklandSupreme Court of Alabama · 1920
3Cited by10 opinions
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Hymes v. StateSupreme Court of Alabama · 1923
- Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
- Jones v. MooreSupreme Court of Alabama · 1927
- Winfield Lumber Co. v. Southern Mfg. Co.Supreme Court of Alabama · 1923
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