Dozier v. Vizard Inv. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Action by C. H. Dozier against the Vizard Investment Company for damages for foreclosing mortgage. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Action by C. H. Dozier against the Vizard Investment Company for damages for foreclosing mortgage. Judgment for defendant, and plaintiff appeals. The first count is for wrongfully and maliciously advertising the property for sale under a mortgage after plaintiff had kept and performed the agreements in said mortgage which was a slander to the title of plaintiff to said property and greatly damaged and injured the credit of plaintiff and caused him to suffer great mental anguish and pain. The second count is for slander and libel,…
1Opinion of the CourtSayre, J.
Appellant sued appellee in several forms of action to recover damages for appellee’s alleged wrongful foreclosure of a mortgage. Appellant, by the mortgage which he executed, had secured a loan of $8,000, due and payable five years after date, with interest at 7 per cent. Separate notes for the annual interest were given, and it was stipulated that upon a failure to pay any of said notes as they should severally fall due, or any part thereof, the entire debt should at once become due and payable. Appellant put in evidence all the notes made by him, the same being identical except in amounts…
2Cases cited3 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Lee v. CochranSupreme Court of Alabama · 1908
- Day v. ThompsonSupreme Court of Alabama · 1880
3Cited by8 opinions
- Caples v. YoungSupreme Court of Alabama · 1921
- Air Conditioning Engineers, Inc. v. SmallSupreme Court of Alabama · 1953
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921
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