Bone v. Lansden
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 25th April, 1883, by H. B. Lansden and others, children and heirs of Mrs. Martha W. Lansden, deceased, against Hugh P. Bone; and sought to have a certain conveyance of land, which Mrs. Lansden and her husband had executed to the defendant, declared a mortgage only, and cancelled as a cloud on their title.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 25th April, 1883, by H. B. Lansden and others, children and heirs of Mrs. Martha W. Lansden, deceased, against Hugh P. Bone; and sought to have a certain conveyance of land, which Mrs. Lansden and her husband had executed to the defendant, declared a mortgage only, and cancelled as a cloud on their title. The. chancellor overruled a demurrer to the bill, and, on final hearing on pleadings and proof, rendered a decree for the complainants; and these decrees are here assigned as…
1Opinion of the Court
STONE, C. J. —
The bill charges that Martha W. Lansden was the wife of A. L>. Lansden; that she, during the coverture, owned and possessed the lands in controversy in her own right, her statutory separate estate; that during the coverture she and her husband conveyed the lands to Bone, *563appellant, by absolute deed with covenants of warranty; that said deed, though absolute in form, was intended and agreed to be only a mortgage security for a debt of the husband, A. D. Lansden, the amount of which it states, and which is much less than one half of the recited consideration in the deed; that Bone…
2Cases cited9 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Garland v. WatsonSupreme Court of Alabama · 1883
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Shelby v. TardySupreme Court of Alabama · 1887
- Williams, Birnie & Co. v. BassSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lansden v. BoneSupreme Court of Alabama · 1890
- Prewitt v. AshfordSupreme Court of Alabama · 1890
- Bass v. BassSupreme Court of Alabama · 1889
- Equitable Mortgage Co. v. FinleySupreme Court of Alabama · 1901
- McMillan v. BeebeSupreme Court of Alabama · 1936