Legal Opinion

Alston v. Morris & Co.

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 8 opinions

Bill in Equity to enjoin a Mortgage Bale. Appeal from the Chancery Court of Montgomery. The facts of the case are sufficiently stated in the opinion.

1Opinion of the CourtHead, J.

The appellant executed to Lehman, Durr & Co. certain mortgages upon his land to secure the several sums of money therein mentioned, and these mortgages were transferred to Josiah Morris & Co. The latter firm having advertised the property for sale under the powers contained in the instruments, the appellant filed his bill for an accounting and redemption, alleging that if certain usurious charges were deducted he would owe nothing upon the debts ; at the same time offering to pay whatever might be found to be due, with lawful interest.

At the filing of the bill, an injunction restraining the…

2Cases cited2 opinions

  1. Micou v. AshurstSupreme Court of Alabama · 1876
  2. Mooney v. WalterSupreme Court of Alabama · 1881

3Cited by8 opinions

  1. Thomas v. BarnesSupreme Court of Alabama · 1929
  2. Cobbs v. NorvilleSupreme Court of Alabama · 1933
  3. Haralson v. WhitcombSupreme Court of Alabama · 1917
  4. Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
  5. Becker Roofing Co. v. MehargSupreme Court of Alabama · 1931

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