McWhorter v. Tyson
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by A. B. McWhorter against S. L. Tyson to restrain foreclosure of mortgage, for an accounting, and for cancellation. From decree for respondent, complainant appeals. Respondent files cross-bill alleging that there were $7,000 due on the mortgage debt with interest, and prayed foreclosure of his mortgage for that amount.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Bill by A. B. McWhorter against S. L. Tyson to restrain foreclosure of mortgage, for an accounting, and for cancellation. From decree for respondent, complainant appeals. Respondent files cross-bill alleging that there were $7,000 due on the mortgage debt with interest, and prayed foreclosure of his mortgage for that amount. The checks and stub violated the statutes prohibiting a party from testifying as to transactions with a deceased person whose estate is interested. 63 Ala. 494 ; 67 Ala. 386. The original mortgage cannot…
1Opinion of the CourtSayre, J.
The original bill in this cause was filed by appellant, as administrator of the estate of R. S. McWhorter, deceased, seeking to enjoin appellee from selling a plantation in Lowndes county under the power of sale in a mortgage which deceased in his lifetime had made to appellee and to redeem. Appellee’s answer, which was made a cross-bill under the statute, prayed for a decree of foreclosure. The original bill admits an. indebtedness of $4,000, to speak in round numbers; appellee claims the indebtedness secured by the mortgage at. the inception of this controversy amounted to $7,-000, still…
2Cases cited15 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Warten v. BlackSupreme Court of Alabama · 1915
- Stoddard v. . HartNew York Court of Appeals · 1861
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Bolling v. FanninSupreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Weatherwax v. HeflinSupreme Court of Alabama · 1943
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Burgin v. StewartSupreme Court of Alabama · 1927
- Brown v. Shelby CountySupreme Court of Alabama · 1920
8 more not listed; retrieve them via the Exa API.