Fair v. Cummings
Supreme Court of Alabama
Appeal from Law and Equity Court, Mor-' gan County; Thomas W. Wert, Judge. Bill by Etta B. Fair and Lydia E. Hughes against' W. S. Cummings. From a decree for defendant, complainants appeal. Bill filed on August 14, 1914, by Etta B. Fair and Lydia E. Hughes, seeking- a cancellation of a certain mortgage executed to the respondent on real estate therein described, situated in the city of Decatur, Ala.
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Appeal from Law and Equity Court, Mor-' gan County; Thomas W. Wert, Judge. Bill by Etta B. Fair and Lydia E. Hughes against' W. S. Cummings. From a decree for defendant, complainants appeal. Bill filed on August 14, 1914, by Etta B. Fair and Lydia E. Hughes, seeking- a cancellation of a certain mortgage executed to the respondent on real estate therein described, situated in the city of Decatur, Ala. The mortgage is made an exhibit to the original bill, and recites a consideration of $3,500, payable at stated times in four installments, of $875 each, and also provides for foreclosure, etc.,…
1Opinion of the CourtGardner, J.
Appellants in their original bill sought to cancel the mortgage here in question upon the grounds that it was without consideration, executed under duress, and that the notary public who took the acknowledgment of the mortgagors was at the time employed by the mortgagee as an attorney to prepare said instrument for execution. We will enter into no discussion of the facts. Suffice it to say the evidence has been given very careful consideration, and we have reached the conclusion that the mortgage here involved was executed upon a consideration of $3,500, as is recited in the mortgage; that…
2Cases cited3 opinions
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Carroll v. HendersonSupreme Court of Alabama · 1915
- McKenzie v. HixonSupreme Court of Alabama · 1918