Cross v. Bank of Ensley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill by R. C. Gross against the Bank of Ensley and others, to annul and avoid a decree formerly rendered in the case of Cross and others against the Bank of Ensley, and for other relief. From a decree for respondents, complainant appeals. The bill makes a strong case of subrogation and contribution. 62 Ala. 404; 26 Ala. 728, 62 Am. Dee. 747; 21 Ala. 705, 56 Am.
Read the full summary
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill by R. C. Gross against the Bank of Ensley and others, to annul and avoid a decree formerly rendered in the case of Cross and others against the Bank of Ensley, and for other relief. From a decree for respondents, complainant appeals. The bill makes a strong case of subrogation and contribution. 62 Ala. 404; 26 Ala. 728, 62 Am. Dee. 747; 21 Ala. 705, 56 Am. Dec. 283; 204 Ala. 224, 85 South. 498; 204 Ala. 238, 85 South. 444. The judgment cannot be vacated or defeated on the facts alleged. 71 Ala. 461; 16 Ala. 95; 22 Ala.…
1Opinion of the CourtGardner, J.
Complainant in this bill (appellant here), together with his father, Z. Cross, had previously filed a hill against the same respondents to this suit, for the exercise of equity of redemption as to certain mortgages executed to one G. T. Martin, and transferred to the Bank of Ensley, and also one executed direct to said bank, disputing the amount claimed as due thereon, and also setting up usury. The validity of these mortgages was also attacked. The respondents filed a cross-bill, and the question of the indebtedness was fully gone into and ascertained by the court, resulting in a final…
2Cases cited15 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Knighton v. CurrySupreme Court of Alabama · 1878
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Clark v. SpencerSupreme Court of Alabama · 1883
- Cross v. Bank of EnsleySupreme Court of Alabama · 1919
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Davis v. WardeSupreme Court of Georgia · 1923
- Montgomery v. WadsworthSupreme Court of Alabama · 1933
- Corinth State Bank v. First Nat. Bank of FlorenceSupreme Court of Alabama · 1928
- Coleman v. Birmingham Fertilizer Co.Supreme Court of Alabama · 1922
- Poole v. GriffithSupreme Court of Alabama · 1927
12 more not listed; retrieve them via the Exa API.