Jones v. White
Supreme Court of Alabama
Appeal from the Chancery Court of "Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on January 29, 1894, by the appellant, J. B. Jones, against the appellee, Jourd White, to have enjoined the foreclosure of a mortgage on land by sale under the power contained therein, on the ground that the mortgagor, who was complainant in the bill, had paid the mortgage debt in full. On the filing of the bill a temporary injunction was granted.
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Appeal from the Chancery Court of "Walker. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on January 29, 1894, by the appellant, J. B. Jones, against the appellee, Jourd White, to have enjoined the foreclosure of a mortgage on land by sale under the power contained therein, on the ground that the mortgagor, who was complainant in the bill, had paid the mortgage debt in full. On the filing of the bill a temporary injunction was granted. The defendant answered the bill denying payment of the mortgage debt, and upon the hearing of the cause the court rendered a decree…
1Opinion of the CourtMcOLELLAN, J.
It was clearly within the discretion of the chancellor to set aside the submission of the *451cause entered on October 25, 1894, for final decree on report of the register and exceptions to be thereafter interposed thereto, notwithstanding there was a written agreement of counsel for such submission, the order setting it aside being made at the same term, and, indeed, on the same day, of the submission. The chancellor may have had very good reasons for this course which would not appear here — for instance, that the written agreement was made, as it appears on its face to have been made, at…
2Cases cited3 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Mooney v. WalterSupreme Court of Alabama · 1881
3Cited by19 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
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