Lehman v. Levy
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by Mary Lehman and her husband, Abraham Lehman, against Moritz Levy, for the purpose of having a deed, absolute on its face, declared a mortgage securing two notes made by them to Levy, each for $200.00, and for a redemption of the real estate conveyed by the deed.
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Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by Mary Lehman and her husband, Abraham Lehman, against Moritz Levy, for the purpose of having a deed, absolute on its face, declared a mortgage securing two notes made by them to Levy, each for $200.00, and for a redemption of the real estate conveyed by the deed. It is averred in the bill, that one of the notes “represented a debt due” by the son of the complainants, and that Mrs. Lehman “ was in fact a mere surety for the same;” and that the other note was for money loaned by Levy to the…
1Opinion of the CourtStone, J.
The decree of the chancellor in this cause pronounced the deed under which appellee claimed title, to be only a mortgage security, and from that decree no appeal has been prosecuted. The questions mooted here arise out of the report of the register, ascertaining the amount due. Exceptions to the register’s report were filed by the appellant, raising two questions: First, that part of the claim was a note given for the debt of another, and that the note thus given was void under the statute of frauds, because it failed to express the consideration upon which it was given. Second, that there…
2Cases cited11 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Packer v. BentonSupreme Court of Connecticut · 1868
- Martin v. Black's ExecutorsSupreme Court of Alabama · 1852
- Bowen v. KurtzSupreme Court of Iowa · 1873
- Dunbar v. SmithSupreme Court of Alabama · 1880
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3Cited by12 opinions
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Selman v. BryantSupreme Court of Alabama · 1954
- Jones v. MooreSupreme Court of Alabama · 1927
- Fricke v. City of GuntersvilleSupreme Court of Alabama · 1952
- Read v. RowanSupreme Court of Alabama · 1894
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