Van Heuvel v. Long
Supreme Court of Alabama
Appeal from Chancery Court, Clarke County; Thomas H. Smith, Chancellor. Suit by Jessie Long against M. Van Heuvel. Erom a decree for plaintiff, defendant appeals. The bill of complaint in this case is filed by Jessie Long (appellee), the grantor in a conveyance of lands absolute on its face, against the grantee, Martin Van Heuvel (appellant), and ten parties to each of whom Van Heuvel sold portions of said lands.
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Appeal from Chancery Court, Clarke County; Thomas H. Smith, Chancellor. Suit by Jessie Long against M. Van Heuvel. Erom a decree for plaintiff, defendant appeals. The bill of complaint in this case is filed by Jessie Long (appellee), the grantor in a conveyance of lands absolute on its face, against the grantee, Martin Van Heuvel (appellant), and ten parties to each of whom Van Heuvel sold portions of said lands. The complainant seeks to have the conveyance declared in reality a mortgage and prays that she be permitted to redeem thereunder. The bill which was filed on April 3, 1912, alleges…
1Opinion of the CourtGardner, J.
This bill was filed by the appellee against the appellant for the purpose of having the deed of December 1, 1908, declared a mortgage, and for an accounting and redemption.
On January 24, 1907, the complainant and her husband executed to the respondent' (appellant here) a mortgage on a certain 249 acres of land situated in Olarke county, Ala., to secure a debt of $3,800, at the same time'executing their promissory note evidencing ¡ said debt, payable July 23, 1907. After the maturity of the note, respondent requested payment, but complainant was financially unable to pay same, and asked for an…
2Cases cited13 opinions
- Boothe v. FiestTexas Supreme Court · 1891
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Jones v. WhiteSupreme Court of Alabama · 1895
- Anniston Loan & Trust Co. v. Ward & Co.Supreme Court of Alabama · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lee v. MacOn County BankSupreme Court of Alabama · 1937
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Staples v. BarretSupreme Court of Alabama · 1926
- First Nat. Bank of Opp v. WiseSupreme Court of Alabama · 1941
- Faulk v. McDuffieSupreme Court of Alabama · 1927
4 more not listed; retrieve them via the Exa API.