Pearson v. Seay
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. The bill in this case was filed by Benjamin F. Pearson, against John W. Seay, Francis M. Mosely, and Mary Ann Mosely, his wife, and alleged the following facts: 1. “ On or about the 14th March, 1856, Francis M. Mosely came to complainant, and desired that he should assign, as his surety, certain promissory notes, to be then and there given, for borrowed money; which request was speedily and…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. The bill in this case was filed by Benjamin F. Pearson, against John W. Seay, Francis M. Mosely, and Mary Ann Mosely, his wife, and alleged the following facts: 1. “ On or about the 14th March, 1856, Francis M. Mosely came to complainant, and desired that he should assign, as his surety, certain promissory notes, to be then and there given, for borrowed money; which request was speedily and positively rejected.” 2. “ Said Mosely then proposed, for the purpose of raising said money, to sell and convey to complainant…
1Opinion of the CourtStone, J.
If the transaction which is brought to our notice in this record, was a sale by Mosely to Pearson, with a right reserved in the former to repurchase, there can be no question that the bill, on its face, contains equity. — See the authorities collected- and classified in tlio case of Kelly’s Heirs v. Allen, at the last term.
The chancellor dismissed the bill for want of equity; and lienee we are required to pronounce only on the case as made by the bill itself.
[2.J If the deed from Mosely to Pearson be a mortgage, it is not a mortgage to secure the payment of the notes given by the latter to…
2Cases cited6 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- West v. HendrixSupreme Court of Alabama · 1856
- Sewall v. HenrySupreme Court of Alabama · 1846
- Eiland v. RadfordSupreme Court of Alabama · 1845
- Parish v. GatesSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Reeves v. AbercrombieSupreme Court of Alabama · 1895
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Smith v. MurphySupreme Court of Alabama · 1877
- Freeman v. M. E. & J. K. WilsonMississippi Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.