Steiner Bros. v. Clisby
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham, in equity. Heard before the Hon. H. A. Shaepe. The original bill in this case was filed on the Gth of September, 1889, by Steiner Bros., suing as partners, against A. A. Clisby, Lorenzo Clisby and. wife, Robert Jemison, and W. R. Deloacli; and sought to foreclose a mortgage on certain real estate in Birmingham, and to declare and enforce the complainant’s equitable rights in and to the property, as paramount and superior to the…
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Appeal from tbe City Court of Birmingham, in equity. Heard before the Hon. H. A. Shaepe. The original bill in this case was filed on the Gth of September, 1889, by Steiner Bros., suing as partners, against A. A. Clisby, Lorenzo Clisby and. wife, Robert Jemison, and W. R. Deloacli; and sought to foreclose a mortgage on certain real estate in Birmingham, and to declare and enforce the complainant’s equitable rights in and to the property, as paramount and superior to the rights asserted by A. A. Clisby, Jemison, and Deloach. The mortgage, a copy of which was made an exhibit to the bill, was…
1Opinion of the CourtClopton, J.
On. November 15, 1886, the Birmingham Land & Loan Company sold to Leloacli and Cobbs the land in the bill mentioned, for eleven thousand dollars, one third of which was paid in cash, and notes for the deferred payments executed by them; the company giving a bond conditioned to make title on payment of the purchase-money. On January 20, 1887, Deloach and Cobbs sold the land to Cheatham and L. Clisby, for fifteen thousand dollars, one third to be paid in cash, the balance in one and two years, with interest. By arrangement between the parties, Cheatham and Clisby gave two notes to the…
2Cases cited2 opinions
- Wood v. LakeSupreme Court of Alabama · 1878
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
3Cited by2 opinions
- Craig v. OsbornMississippi Supreme Court · 1923
- Grimmer v. NolenSupreme Court of Alabama · 1906