Gentry v. Lawley
Supreme Court of Alabama
Appeal from tbe Chancery Court of Bibb. Heard, before the Hon. Thomas H. Smith. Tbe facts of this case are sufficiently stated in the opinion. Tbe appeal is prosecuted by tbe defendant in the original bill, from a decree, and tbe rendition of this decree is assigned as error. Tbe decree itself is copied in the opinion.
1Opinion of the CourtSimpson, J.
This was a bill filed by appellee for the purpose of redeeming certain- lands, held by a mortgagee alleged to be in possession of the lands thereunder. To this bill the appellant filed an answer and cross-bill, claiming that he had not gone into possession under the mortgage, but under a parol-contract, by which appellee sold him the land, the consideration being, the mortgage debt, a release to appellee of the personal property covered by .the mortgage, and ten dollars in money which was paid to appellee, when appellant was placed in possession of the land.
The question is raised, in the…
2Cases cited7 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Jones v. WilsonSupreme Court of Alabama · 1875
- Tramp v. McDonnellSupreme Court of Alabama · 1895
- Vice v. LittlejohnSupreme Court of Alabama · 1895
- Ex parte GistSupreme Court of Alabama · 1898
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3Cited by2 opinions
- National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1919
- Hill v. HillSupreme Court of Alabama · 1924