Legal Opinion

Leonard v. Duncan

Supreme Court of Alabama

Decided March 2, 1944No. 6 Div. 177PublishedCited by 11 opinions

1Opinion of the Court

LIVINGSTON, Justice.

Bill to declare an absolute deed an equitable mortgage, or a trust in the nature thereof; to have an accounting as to the state of the mortgage debt, and to divest title if fully paid, otherwise to redeem.

Briefly, the case by the bill is this: Prior to the 15th day of May, 1936, complainant owned a house and lot, described in the bill, located in the City of Birmingham, Alabama, which had been sold to the City of Birmingham to satisfy certain public improvement assessment liens. On May 15, 1936, complainant sought a loan from respondent sufficient to redeem the house and…

2Cases cited5 opinions

  1. Butts v. CooperSupreme Court of Alabama · 1907
  2. Pollak v. MillsapSupreme Court of Alabama · 1928
  3. Miles v. RhodesSupreme Court of Alabama · 1930
  4. O'Rear v. O'RearSupreme Court of Alabama · 1929
  5. Gunter v. JonesSupreme Court of Alabama · 1943

3Cited by11 opinions

  1. Woods v. SandersSupreme Court of Alabama · 1946
  2. Sykes v. SykesSupreme Court of Alabama · 1954
  3. Cone v. ConeSupreme Court of Alabama · 1976
  4. Smith v. HartSupreme Court of Alabama · 1953
  5. Henderson Baker Lbr. Co. v. HeadleySupreme Court of Alabama · 1946

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