Davis v. Cook
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hou. H. Austill. The original bill in this case was filed on the 27th November, 1875, by Mrs. Jane D. Massey, against Nathan B. Cook .and J. Moses Davis, and alleged the following facts: That on the 20th March, 1873, Cook borrowed from complainant the sum of $5,576, for which he gave her his promissory note, payable twelve months after date; and, to secure the payment of said note, he also executed to her a mortgage…
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Appeal from the Chancery Court of Butler. Heard before the Hou. H. Austill. The original bill in this case was filed on the 27th November, 1875, by Mrs. Jane D. Massey, against Nathan B. Cook .and J. Moses Davis, and alleged the following facts: That on the 20th March, 1873, Cook borrowed from complainant the sum of $5,576, for which he gave her his promissory note, payable twelve months after date; and, to secure the payment of said note, he also executed to her a mortgage on a tract of land therein particularly described, which was dated the 22d March, 1873, and a copy of which was made an…
1Opinion of the CourtStone, J.
— “ A cross-bill is a bill brought by a defendant against a plaintiff, or other parties in a former bill depending, touching the matter in question in that bill. A bill of this kind is usually brought to obtain a necessary discovery, or full relief to all parties. It frequently happens, and particularly if any question arises between two defendants to a bill, that the court can not make a complete decree without a cross-bill or cross-bills, to bring every matter in dispute *623completely before tbe court, litigated by tbe proper parties, and upon proper proofs. In this case, it becomes necessary…
2Cases cited9 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Ashe-Carson Co. v. BonifaySupreme Court of Alabama · 1906
- Whitfield v. RiddleSupreme Court of Alabama · 1884
24 more not listed; retrieve them via the Exa API.