Ward v. Ward
Supreme Court of Alabama
Appeal from Dale Chancery Court. Heard before Hon. Jebe N. Williams. Mack Ward, and other heirs of Wm. J. Ward, deceased, filed this bill against Jno. G. Ward and others for the purpose of having set aside a sale made by J. G. Ward under a power of sale in a mortgage, and for a statement of accounts, and redemption. The averments of the bill were to the effect that in 1888, Wm. J. Ward executed to Oates & Oowan, a mortgage on certain lands therein described; that Wm.
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Appeal from Dale Chancery Court. Heard before Hon. Jebe N. Williams. Mack Ward, and other heirs of Wm. J. Ward, deceased, filed this bill against Jno. G. Ward and others for the purpose of having set aside a sale made by J. G. Ward under a power of sale in a mortgage, and for a statement of accounts, and redemption. The averments of the bill were to the effect that in 1888, Wm. J. Ward executed to Oates & Oowan, a mortgage on certain lands therein described; that Wm. J. Ward died in 1886, leaving complainants as his heirs at law, and in 1887, the mortgage was assigned to appellee, John G.…
1Opinion of the CourtMcCLELLAN, J.
The bill alleges that the requisite *280notice of the sale, made by John G. Ward, as assignee of Oates' & Cowan, mortgagee, in foreclosure of the mortgage, was not given ; but complainants offer no evidence in support of this averment, while, to the contrary, John G. Ward and two other witnesses testify that such notice was given. So far as the equity of the bill rests on this averment, therefore, it fails for the want of proof.
The bill also alleges that the writing by which Oates &'Cowan transferred the mortgage to JohnG. Ward was insufficient to pass the mortgagee’s title to the land into the…
2Cases cited5 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Martinez v. LindseySupreme Court of Alabama · 1890
- Watts v. BurnettSupreme Court of Alabama · 1876
- Wildsmith v. TracySupreme Court of Alabama · 1885
- Buell v. UnderwoodSupreme Court of Alabama · 1880
3Cited by28 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Dinkins v. LathamSupreme Court of Alabama · 1918
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