Smith v. Smith
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by M. L. Smith, et al. v. E. J. Smith, et al., to have a deed absolute on its face declared a mortgage and to be let in to redeem. From a decree overruling demurrers and motion to dismiss the bill, E. J. Smith, et al., appeal.
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Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by M. L. Smith, et al. v. E. J. Smith, et al., to have a deed absolute on its face declared a mortgage and to be let in to redeem. From a decree overruling demurrers and motion to dismiss the bill, E. J. Smith, et al., appeal. Where no debts exist a mortgage is impossible. —Martin v. Martin, 123 Ala. 191; Peeples v. Strolla, 57 Ala. 53; West v. Hendricks, 28 Ala. 226. It is not enough that the party intended the conveyance to be a mortgage and considered it a mortgage; nor is inadequacy of price or consideration of itself…
1Opinion of the CourtDenson, J.
— This appeal is prosecuted from a decree of the city court of Talladega overruling a' motion to dismiss a bill for want of equity and overruling a demurrer to the bill. The bill has been carefully read and considered, and without stating its contents in detail we will proceed to a discussion of the theories upon which the complainants (appellees) seek to support it.
One purpose of the bill is to have a conveyance absolute on its face declared a mortgage and that the complainants be let in to redeem from the mortgage. In respect to this theory of the bill, the conveyance (Exhibit A) is one of…
2Cases cited19 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Manning v. PippenSupreme Court of Alabama · 1888
- Patton v. BeecherSupreme Court of Alabama · 1878
- Pickett v. PipkinSupreme Court of Alabama · 1879
- West v. HendrixSupreme Court of Alabama · 1856
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Edmondson v. JonesSupreme Court of Alabama · 1920
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- Hardee v. HardeeSupreme Court of Alabama · 1956
- Murrell v. PetersonSupreme Court of Florida · 1909
- Cousins v. CrawfordSupreme Court of Alabama · 1953
29 more not listed; retrieve them via the Exa API.