Ex'rs of Goodman v. Adm'rs of Pledger
Supreme Court of Alabama
Writ of Error to the Chancery Court of Shelby. Before the Hon. D. G. Ligón, Chancellor. Thomas Goodman filed his bill against the administrators of Pledger, alledging that in February, 1833, Pledger, at his request, advanced and loaned to him $377 49, and to secure the payment thereof, he placed in the possession of Pledger a valuable negro boy named Joe, about eighteen years old, to work for the interest of the money until paid, and on the payment of the money he was to be…
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Writ of Error to the Chancery Court of Shelby. Before the Hon. D. G. Ligón, Chancellor. Thomas Goodman filed his bill against the administrators of Pledger, alledging that in February, 1833, Pledger, at his request, advanced and loaned to him $377 49, and to secure the payment thereof, he placed in the possession of Pledger a valuable negro boy named Joe, about eighteen years old, to work for the interest of the money until paid, and on the payment of the money he was to be returned to complainant; and thereupon the complainant executed to Pledger a conveyance of said slave, conditioned, that…
1Opinion of the CourtDargan, J.
The mortgagor of property, real or personal, may sell, or otherwise dispose of the equity of redemption, and the law does not render the mortgagee incapable of purchasing from him. The mortgagor therefore, has the right to sell, and the mortgagee the capacity to buy the equity of redemption. But the principle is settled, and we think in accordance with strict morality, that if the mortgagee use the power his mortgage may have given him, to obtain the equity of redemption at less than its value, and for less than others would have given for it, a court of equity will hold the transaction a…
2Cited by6 opinions
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Oakley v. ShelleySupreme Court of Alabama · 1900
- In Re BladesIdaho Supreme Court · 1939
- Pearsall v. HydeSupreme Court of Alabama · 1914
- Adams v. McKenzieSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.