Perdue v. Brooks Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. S. H MoSpadden. The bill in this case was filed on the 2d March, 1885, by Thomas Perdue, against Brooks Brothers as partners; and sought to have a conveyance, which was in form an absolute deed, declared a mortgage, and for an account and redemption under it; and it also prayed an injunction, or restraining order, to prevent the defendants from cutting timber on the mortgaged lands, or from disturbing the…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. S. H MoSpadden. The bill in this case was filed on the 2d March, 1885, by Thomas Perdue, against Brooks Brothers as partners; and sought to have a conveyance, which was in form an absolute deed, declared a mortgage, and for an account and redemption under it; and it also prayed an injunction, or restraining order, to prevent the defendants from cutting timber on the mortgaged lands, or from disturbing the complainant’s possession. The written instruments involved in the suit are described in the opinion of the court. The appeal…
1Opinion of the CourtClopton, J.
The questions arising in this case, with one exception, relate to the report of tbe register as to the state of the account between the parties, and the amount due on the mortgages.
On January 20, 1883, appellant executed to appellees a deed, absolute on its face, to the land in controversy, in consideration of five hundred and thirty-eight dollars, which they loaned or advanced to him to pay a prior mortgage on the premises to J. M. Carr; and made to appellant an instrument in writing, by which they agreed to reconvey the land to him on payment of the money advanced. In February, 1883,…
2Cases cited7 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Stoudenmire v. DeBardelabenSupreme Court of Alabama · 1887
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- McCullough v. MitchellSupreme Court of Alabama · 1879
- Hudson v. KellySupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnson v. DavisSupreme Court of Alabama · 1912
- Long Distance Telephone & Telegraph Co. v. SchmidtSupreme Court of Alabama · 1908
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Jones v. MooreSupreme Court of Alabama · 1924
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
11 more not listed; retrieve them via the Exa API.