Scott v. Brassell
Supreme Court of Alabama
Appead from the Chancery Court of Montgomery. Heard before the Hon. W. L. Parks. The bill in this ease was filed by the appellee, A. B. Brassell, against the appellants, for tire purpose of foreclosing a. mortgage, which was executed to the complainant by Thomas B. Scott and wife to secure the payment of a debt therein described, amounting to' $240 with interest.
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Appead from the Chancery Court of Montgomery. Heard before the Hon. W. L. Parks. The bill in this ease was filed by the appellee, A. B. Brassell, against the appellants, for tire purpose of foreclosing a. mortgage, which was executed to the complainant by Thomas B. Scott and wife to secure the payment of a debt therein described, amounting to' $240 with interest. The facts of the bill necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The appeal is taken from the decree of the chancellor granting the relief prayed for; and the…
1Opinion of the CourtHaralson, J.
— The bill was filed to foreclose a mortgage1 on land. its first section averred, that on the 1 Btli January, 1888, 'the complainant'sold to defendant, Tlios. J. Scott, a certain described parcel of land; that said Scott, owed complainant $240, as a balance due on the purchase money therefor, and on the 23d January, 1888, he executed to complainant his promissory note therefor, payable on the 23d January, 1889, with interest from date, the original of Avhich it ivas averred was then in possession of complainant and un*662paid, except that the interest was paid by said Scott on the 25'tih January,…
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