Warren v. Crow
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by J. O. Crow against F. M. Warren and others, first, to reform a certain mortgage, and as reformed, to foreclose it. From a decree overruling demurrers to a bill, respondents appeal.
1Opinion of the CourtGardner, J.
Bill by appellee for reformation and foreclosure of a certain mortgage executed by appellants to one Good-hue, which said mortgage was duly transferred to appellee. Demurrer to the bill was overruled; hence this appeal.
(1, 2) The only insistence of counsel for appellants is that the bill is insufficient in its averments to the effect that it was the intention of the parties at the time of the execution of the mortgage that the land in question be included therein. While it is a well-settled rule that the pleading is to be construed most strongly against the pleader, yet the language used…
2Cited by14 opinions
- Ballentine v. BradleySupreme Court of Alabama · 1938
- Camper v. RiceSupreme Court of Alabama · 1918
- Cudd v. WoodSupreme Court of Alabama · 1921
- National Union Fire Ins. Co. v. LassetterSupreme Court of Alabama · 1932
- Parra v. CooperSupreme Court of Alabama · 1925
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