Pearce v. Walker
Supreme Court of Alabama
Appeal from the Chancery Court of Marion. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. cited Levy stein v. Whitman , 59 Ala. 345; Webster v. Singley, 53 Ala. 208; 3 Brick. Dig., 699, § 23.
1Opinion of the CourtBriokell, C. J.
The bill was filed by the appellee for the cancellation of a mortgage on lands he had executed to the appellant, and to enjoin the appellant from proceeding to the execution of a power of. sale contained in the mortgage. The rélief was sought upon two grounds ; the first of which was, that the mortgage had been extinguished by a second mortgage taken in satisfaction ; and the second, the payment of the mortgage debt. The chancellor did not sustain the first contention, and in that respect the decree is not open to revision. The contention of payment was sustained, and a cancellation of the…
2Cases cited2 opinions
- Long v. . MillerSupreme Court of North Carolina · 1885
- Strickland v. HardieSupreme Court of Alabama · 1886
3Cited by17 opinions
- Thompson v. CollierSupreme Court of Alabama · 1911
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
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