Phillips v. Bradford
Supreme Court of Alabama
Appeal from Lee Chancery Court. • Heard before Hon.'W. W. Whiteside. Bill by Mary L. Bradford to cancel a note and mortgage executed by her to respondents testator for want of consideration, etc.- From a decree overruling demurrers to the hill respondents appeal. The pleadings are sufficiently set out in the opinion of the court.
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Appeal from Lee Chancery Court. • Heard before Hon.'W. W. Whiteside. Bill by Mary L. Bradford to cancel a note and mortgage executed by her to respondents testator for want of consideration, etc.- From a decree overruling demurrers to the hill respondents appeal. The pleadings are sufficiently set out in the opinion of the court. The bill as last amended is clearly a departure from the original bill. — Penn v. Spence, 54 Ala. 35; Marshall v. Olds, 86 Ala. 296; Mobile Savings Bank v. Burk, 94 Ala. 129. The amendment is clearly inconsistent with and a departure from the original bill in that it…
1Opinion of the Court
SIMPSON, J.-
The original bill in this case seeks the cancellation of a note and mortgage made by the complainant' (appellee) to the testator of defendant (appellant). Section 3 of the original bill alleges that, “while orator was being pressed on some indebtedness,” her brother, Thomas L. Cobb, “in whom she resposed confidence and trust, and who was accustomed to aid and assist her in the management of her business, suggested and advised your orator to execute a bogus or false mortgage to him,” which he told her would protect her against claims and threatened suits. The fourth and fifth…
2Cases cited13 opinions
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Kyle v. PerdueSupreme Court of Alabama · 1891
- Nichols v. McCarthySupreme Court of Connecticut · 1885
- Park v. LideSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Alexander v. GibsonSupreme Court of Alabama · 1912
- Harton v. LittleSupreme Court of Alabama · 1914
- Roten v. TesdellSupreme Court of Iowa · 1923
- Birmingham Trust & Savings Co. v. CannonSupreme Court of Alabama · 1920
7 more not listed; retrieve them via the Exa API.