Winn v. Fitzwater
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Eva J. Fitzwater, and others to declare a deed absolute on its face a mortgage, and for an accounting, against W. H. Winn, as administrator, and others. From a decree for complainants appeal.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Eva J. Fitzwater, and others to declare a deed absolute on its face a mortgage, and for an accounting, against W. H. Winn, as administrator, and others. From a decree for complainants appeal. A power to make a deed does not confer authority to make a mortgage. — Butler v. Gasman, 81 Ala. 491. One cannot maintain a bill to cancel a deed and to redeem under it.— Micou v. Ashurst, 55 Ala. 607. Such a position is inconsistent. — Williams v.- Cooper, 107 Ala. 246. To declare a deed absolute on its face to be a…
1Opinion of the CourtHaralson, J.
James H. Lowry was the executor of the will of A. J. Lowry. The will of said A. J. Lowry in its sixth item provides: “I do hereby constitute and appoint him (James H. Lowry), executor of this my last will and testament, with full power to sell at public or private sale, and wthout any order of court, any lands or property that may be necessary to be sold for the payment of any debt I may owe at my death, and in view of this confidence and trust of my beloved son, I expressly will and desire that upon granting letters of executorship, that my said.son, shall not be required to execute any…
2Cases cited6 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Goodman v. BenhamSupreme Court of Alabama · 1849
- Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
- McKay v. BroadSupreme Court of Alabama · 1881
- Smith v. MurphySupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Gill v. MoreSupreme Court of Alabama · 1917
- Poyner v. WhiddonSupreme Court of Alabama · 1937
- Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
- Cousins v. CrawfordSupreme Court of Alabama · 1953
10 more not listed; retrieve them via the Exa API.