Cudd v. Cowley
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ; Robert C. Briekell, Judge. Bill by J. J. "Cudd against James Cowley and others to enjoin an action at law, for an accounting, and to foreclose a mortgage. From decree sustaining demurrers to the bill, complainant appeals.
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Appeal from Circuit Court, Morgan County ; Robert C. Briekell, Judge. Bill by J. J. "Cudd against James Cowley and others to enjoin an action at law, for an accounting, and to foreclose a mortgage. From decree sustaining demurrers to the bill, complainant appeals. The bill shows that one of the respondents, James Cowley, has sued the complainant and one Dan Ryan in an action at law to recover for trespass to and the conversion of certain personal property, including farm tools, vehicles, live stock, corn, and cotton; one count being in detinue for a recovery in specie, and the actions being…
1Opinion of the CourtSomerville, J.
With respect to complainant’s showing and prayer for injunctive relief against the mortgagors’ action at law, it is clear that, if the complete settlement made by agreement between the parties on November 27, 1913, as evidenced by the note and mortgage executed by respondents to complainant on that date, were conclusive and binding upon them as to the amount then due, complainant would have no difficulty in presenting his legal defense to that action, viz. that a balance remained due on the mortgage at the time he carried away and sold or stored the chattels subject to the mortgage.
[1] But…
2Cases cited14 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- First National Bank v. AllenSupreme Court of Alabama · 1893
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Boyd v. DentSupreme Court of Alabama · 1927
- Williams v. NolandSupreme Court of Alabama · 1920
- Fleming v. CopelandSupreme Court of Alabama · 1923
- Reed v. RobinsonSupreme Court of Alabama · 1925
5 more not listed; retrieve them via the Exa API.