Bond v. Oates
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Bill by J. T. Bond against William C. Oates to restrain the foreclosure of a mortgage for an accounting and to redeem. Prom a decree denying relief, complainant appeals.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Bill by J. T. Bond against William C. Oates to restrain the foreclosure of a mortgage for an accounting and to redeem. Prom a decree denying relief, complainant appeals. The injunction should not have been dissolved, on the denials of the answer in this ease. 123 Ala. 145, 26 South. 324; 115 Ala. 239, 22 South. 465. There is nothing in the matter set up in paragraph 5 of the answer. 173 Ala. 14, 55 South. 301; 16 Cyc. 805; 168 Ala. 256, 53 South. 187. There is nothing in the plea of laches. 135 Ala. 459, 33 South. 537; 106 Ala.…
1Opinion of the Court
McCLELLAN, j.
The appellant filed this bill against appellee, seeking to assert and effect the equity of redemption created by a mortgage executed in the year 1909 by appellant to appellee’s father, William C. Oates, Sr., who died in 1910, to secure an indebtedness of $16,000. Incidental to this paramount object of the bill, temporary injunction was prayed and was issued to restrain the appellee from foreclosing the mortgage under the power of sale provided therein. On motion of appellee (Code, § 4535), the injunction was dissolved, and this appeal presents that action for review.
[1] Several…
2Cases cited3 opinions
- Arnold v. BlackSupreme Court of Alabama · 1920
- Cardwell v. Virginia State Ins.Supreme Court of Alabama · 1914
- Sibley v. Linton Coal Co.Supreme Court of Alabama · 1914
3Cited by5 opinions
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Huie v. SmithSupreme Court of Alabama · 1938
- Rumage v. Dry Dock Savings BankSupreme Court of Alabama · 1965
- Wachter v. Leeth Nat. BankSupreme Court of Alabama · 1941
- Rice v. DavidsonSupreme Court of Alabama · 1921