Roberts v. Williams
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by Roberts & Sons against B. P. Williams and others for a deficiency on notes secured by mortgage, which had been foreclosed, with plea of set-off and payment by the defendants. There was judgment for defendants for a balance on their plea of set-off and plaintiffs appeal. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtThomas, J.
By agreement of counsel, this case was tried by the court without the intervention of a jury. The suit was brought on two notes that had been secured by mortgages. These mortgages had been foreclosed by a sale under the terms therein contained; and at such public sale the plaintiffs were the purchasers of the lands mortgaged.
The judgment entry recites: “Defendants filed the following pleas, the general issue, set-off, recoupment, and payment, in short by consent with the agreement that all matters sustaining said pleas could be given in evidence as fully as if said pleas were written out in…
2Cases cited23 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Parker v. BondSupreme Court of Alabama · 1898
18 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Halle v. BrooksSupreme Court of Alabama · 1923
42 more not listed; retrieve them via the Exa API.