Cubbedge, Hazlehurst & Co. v. Napier
Supreme Court of Alabama
Appeal from Macon Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed by the appellants, Cubbedge, Hazlehurst & Co., against the appellee, George C. Napier, to foreclose a mortgage given by him to them on cerr tain lands situated in Macon county, Alabama. The answer of the appellee admitted the execution of the mortgage sought to be foreclosed, and claimed a deduction on account of usurious interest and some payments which had not been credited.
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Appeal from Macon Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause was filed by the appellants, Cubbedge, Hazlehurst & Co., against the appellee, George C. Napier, to foreclose a mortgage given by him to them on cerr tain lands situated in Macon county, Alabama. The answer of the appellee admitted the execution of the mortgage sought to be foreclosed, and claimed a deduction on account of usurious interest and some payments which had not been credited. An amended answer was filed, which averred that at the time of the execution of the mortgage and the note which it was…
1Opinion of the CourtBrickell, C. J.
Questions of foreign law, are questions of fact, which must in each case be determined by the pleadings a.nd evidence. — Judge v. Murphy, 10 Ala. 805 ; Syd*520ney v. White, 12 Ala. 728; Gurley v. Cockrell, 26 Ala. 405 ; Walker v. Forbes, 31 Ala. 9; Bloodgood v. Grosey, ib. 575; Drake v. Glover, 30 Ala. 382.
"When the complainant in a hill in equity deduces his title to relief from the statute of a sister State, the statute must be substantially stated in the bill; for the reason, that the court cannot judicially take notice of it. A general averment of the existence of the statute, and that it…
2Cases cited15 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Andrews v. PondSupreme Court of the United States · 1839
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Cutler v. . WrightNew York Court of Appeals · 1860
- Cockrell v. GurleySupreme Court of Alabama · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Dawson v. DawsonSupreme Court of Alabama · 1931
25 more not listed; retrieve them via the Exa API.