Daughdrill v. Sweeney
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. On the 20th October, 1865, James H. Daughdrill filed his bill in equity against John Sweeney, asking the cancellation of a mortgage, and of the promissory note which it was given to secure, an injunction of a sale under the mortgage, a redemption of the mortgaged premises, an account, and general relief.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. On the 20th October, 1865, James H. Daughdrill filed his bill in equity against John Sweeney, asking the cancellation of a mortgage, and of the promissory note which it was given to secure, an injunction of a sale under the mortgage, a redemption of the mortgaged premises, an account, and general relief. The mortgage, which was made an exhibit to the bill, and which was dated the 2d May, 1860, was given to secure the payment of a promissory note for three thousand dollars, executed by said Daughdrill, dated the same…
1Opinion of the CourtJudge, J.
These cases being of the same character, and inasmuch as the decision of one question involved will be decisive of them all, they will be considered together.
Equity, in many cases, adopts and follows the analogies furnished by the rules of law. By a statute of this State, “ a plea of tender of money, or of a thing in action, must be accompanied by a delivery of the money, or such thing in action, to the clerk of the court.” — Code, § 2245. The analogy of such a plea, to each of the bills in these eases, is sufficiently striking to authorize it to be followed. In Taylor v. Reed, (5 Monroe,…
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