Peoples Bank of Evergreen v. Robbins
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. I-Iearcl before Hon. L. D. Gardner. Bill by T. P. Bobbins against the Peoples Bank of Evergreen, for an accounting, and redemption from mortgage sale. Decree for complainant and respondent appeals.
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Appeal from Conecuh Chancery Court. I-Iearcl before Hon. L. D. Gardner. Bill by T. P. Bobbins against the Peoples Bank of Evergreen, for an accounting, and redemption from mortgage sale. Decree for complainant and respondent appeals. Having induced the bank for his accommodation and to obtain indulgence to surrender up to him • and cancel the original mortgage, complainant cannot now assert invalidity of the old mortgage and claim this as a reason for avoiding the payment of the renewed mortgage. — Perdue v. Brooks, 85 Ala. 459; Palmer v. Severance, 8 Ala. 53; Gee v. Bacon, 9 Ala. 699;…
1Opinion of the CourtMcCLELLAN, J.
Bill by mortgagor against mortgagee for an accounting and to redeem upon payment, which he offers to do, of the averred true amount of the mortgage debt.
These facts must be taken, after careful review of the testimony, as established: Robbins, appellee (complainant below), executed in 1904 to the Evergreen Mercantile & Banking Company a mortgage on his crops *499for that year and on his personal property. On February 16, 1905, Robbins owed the named company $108.-45, les.s the interest on the due sum, from that date to-October 1, 1905. On that date he renewed the 1904 mortgage, but the-amount was…
2Cases cited9 opinions
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Perdue v. Brooks Bros.Supreme Court of Alabama · 1888
- Darden v. SchuesslerSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commercial Casualty Ins. Co. v. Isbell Nat. BankSupreme Court of Alabama · 1931
- Schloss Bros. & Co. v. Gibson Dry Goods Co.Alabama Court of Appeals · 1912